Law:

Section:

Section 69C of the Income-tax Act, 1961 - Unexplained expenditure - Assessment years 1988-89 to 1998-99 - Whether where there was material on record that during block year, there were special occasions in assessee's family and expenditure had not been shown or correctly disclosed on that account by assessee in books of account, it was open to Assessing Officer to make additions on appreciation of facts and circumstances of case - Held, yes FACTS The assessee had not shown expenses on account of grah pravesh, death of father and birth of grand daughter during block year and marriage expenditure on account of marriage of two sons had also not been correctly disclosed by the assessee. Considering the status of the assessee's family reflected from the jewellery and cash found during the search, the Assessing Officer made certain additions. The Tribunal sustained the additions on appreciation of facts. On appeal : HELD Considering the facts and reasons for addition, it could not be said that addition was made without any appreciation of facts and circumstances of the case. [Para 4] When there was material on record that on account of special occasions such as grah pravesh, death of father of the assessee, birth of grand daughter and also marriage of two sons, expenditure had not been shown in the books of account or the expenditure had not been correctly disclosed, it was open to the Assessing Officer, even in such cases, to make additions on appreciation of facts and circumstances of the case. [Para 6] Therefore, no interference was called for and the appeal was to be dismissed at admission stage. [Para 7] Sanjay Jhanwar for the Appellant. ORDER 1. In this appeal, following revised questions are raised for consider-ation:- "Whether in the facts and circumstances of the case and in view of the provisions of section 158BB read with definition of Undisclosed Income as contained in section 158B(b) of the Act of 1961 learned Income Tax Appellate Tribunal was justified in sustaining the addition under section 69C to the extent of Rs. 31,703 and Rs. 40,000 on estimated basis without appreciating that neither any material was found in search nor any material was brought on…

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