Law: Income Tax Ordinance, 1979

Section: 136(2),13

(a) Income-tax Ordinance (XXXI of 1979)---Ss. 136 (2) & 13--Reference--Question of fact---Concurrent findings-¬Commissioner of Income-tax as well as the Income-tax Appellate Tribunal had duly considered the impugned order of the Income-tax Officer and came to a Concurrent finding different from that of the Income-tax -Officer--Question whether a particular figure had to be admitted as cash credit was essentially a question of fact and finding thereon if made by any forum in contrast to the finding of a lower forum of the same hierarchy would not. make it a question of law especially when the reasons given by the higher hierarchy were legitimate inferences that could be drawn from the attendant circumstances of the case. (b) Administration of justice--- --- Not necessary for higher forum while disagreeing with a lower forum to discuss each and every point made as a basis in the order of the lower forum-¬When some points specially dealt with by the lower forum were otherwise of a trivial nature the higher forum while deciding the appeal against the order of lower forum could be of the view that those points need not be dealt with separately as the same might not have material bearing on the ultimate decision. (c) Income-tax Ordinance (XXXI of 1979)---- . ---S. 13--Cash credit--Source--Reliability--Person who loaned the amount to the assessee was found to be a man with means by Income-tax Commissioner and Income-tax Appellate Tribunal---No exception, he could be taken to such findings and assessee could not be deprived of the cash entry in his Return. (d) Income-tax Ordinance (XXXI of 1979)- ---S.13--Cash credit--Proof--Assessee to discharge the onus--When an assessee explains the source of input in his business and the source also confirms having afforded the input, there would be nothing left for assessee to do unless the department shows that, explanation of assessee was palpably incorrect. Under Section 13 of the Income-tax Ordinance, 1979 an unexplained, investment etc. has to be deemed to be an income in the circumstances narrated in the sub-clause but then if the assessee explains 'the source of input in his business and the source also confirms having…

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