Law: Income Tax Ordinance, 1979

Section: 65

Law: Income Tax Act, 1922

Section: 9

(a) Income tax Ordinance (XXXI of 1979) S. 65 Amount shown as dower money payable to wife by assessee as liability which was to be discharged Such amount, held, could not be added as unexplained investment. (b) Income tax Ordinance (XXXI of 1979)---S. 65 Additional evidence Additional circumstantial evidence ¬Income tax Officer added amount on ground that assessee had no means to save that much money for investment as shown by assessee Reason for conclusion for addition by I. T. O. being that that assessee had failed to produce assessment orders of Assessing Officer of Chittagong (now in Bangladesh) Assessee a salaried person, brought on record statement of salary issued to him by his employer to prove his actual income Satisfactory circum¬stantial evidence Value Appellate Assistant Commissioner, held, was competent to accept additional and circumstantial evidence in circumstances. (c) Income tax. Act (XI of 1922) . -----S. 9 Assessee was put in possession of plot of land where he raised construction Assessee, spent a large amount in raising such construction Assessee, held, was owner of construction for all purposes including those of chargeability of property income under S. 9. C. I: T. Madras v. Madars Cricket Club (1934) 2 I T R 203 and Sakarchand Choganlal v, Controller of Estate Duly 73 I T R 555 rel. Bachu Bai Dinshaw v. C. I. T. (Appeals) 1967 P T D 170 distinguished. (1980) 122 I T R 926; C. L T. v. Ganga Properties Ltd. 77 I T R 637 and C. L T. v. Union Land Building Socities 83 I T R 794 no more a good law. Jodhamal Kuthiala v. C. I. T. 82 I T'R 570 S C ref. ORDER FAHRAT ALI KHAN (MEMBER). In these six departmental appeals quite interesting points have arisen. The brief facts giving rise to these appeals are that one Col. Z,,.. A,,.. , who was allottee of Plot No. 64, 13th Street, Phase V of D,,,.H ,,. S,, K ,.. received on 21 1 1971 Rs. 11,731 from the respondent, who was his son in law, and executed an irrevocable power of attorney in his favour Whereby he authorised him not only to raise construction of aforesaid plot of land but also allowed him to operate Bank Account No. 355 standing in his (Col: Z,,..A ,,.) name, alongwith another loan…

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