Law:

Section:

Section 69B of the Income-tax Act, 1961 – Undisclosed investments – Assessment year 1957-58 – Whether burden is always on assessee, if an explanation is asked for by taxing authorities or Tribunal, to indicate source of acquisition of particular asset admittedly owned by person concerned – Held, yes – Whether it will dependupon facts of each case to decide what type of facts will be regarded as sufficient to discharge such onus, norcan onus be different qua different persons, namely, one type of burden on assessee and another type of burden on legal heir – Held, yes FACTS The assessee was the legal representative of his deceased father. The deceased had filed a return for the relevant assessment year disclosing certain income. No assessment of deceased, however, had been made. The explanation of the assessee was that these amounts did not represent his personal income but were saved by his father from the considerable profits that he earned right from 1918 onwards. The ITO did not accept this explanation. He took the view that the amount was kept as secret income of assessee, which he tried to bring to surface by claiming it to be his inheritance from his father. In supporting the addition in the case of the assessee, the ITO relied upon the statement of total wealth made by deceased, in respect of his wealth owned by him as on 31-3-1948 which showed holding of jewellery at Rs. 15,000 and the declaration at the end of the statement that investments had been made in names of his wife and children's. The ITO, accordingly, added that amount in the assessment of estate of the deceased represented by the assessee. On appeal, the AAC confirmed the additions. On second appeal, the Tribunal confirmed the order of the AAC as regards the inclusion of the amount in the total income of deceased. According to the Tribunal, the assessee clearly failed to trace the jewellery shown as on 31-3-1957, to the jewellery as held on 31-3-1948. The Tribunal pointed out that it was called upon to accept the explanation based on bits of evidence here and there and each bit of evidence left considerable room for drawing inferences either way. On reference : HELD The burden is always on…

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