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[2009] 308 ITR 105 (MAD.) HIGH COURT OF MADRAS C. Malathy v. Income-tax Officer MRS. PRABHA SRIDEVAN AND K.K. SASIDHARAN, JJ. TAX CASE (APPEAL) NO. 1589 OF 2008 OCTOBER 14, 2008. Section 68 of the Income-tax Act, 1961 - Cash Credit Where before Tribunal assessee took specific plea that matter should be remanded in respect of one creditor only and Tribunal remitted matter in respect of just one creditor, there was no merit in assessee's subsequent contention that Tribunal should have remitted matter in entirety [In favour of revenue] [Assessment year 1996-97] C. Malathy v. ITO [2009] 308 ITR 105 (Mad.) On verification of the books of account of the assessee, the Officer found that the source of funds for the purchase of certain property was stated to be loans received from the creditors. On enquiry, it was found that while some of the creditors could not be verified, the others were found to be not genuine. The Assessing Officer noted that inspite of several opportunities granted, the genuineness of the claim was not substantiated by the assessee. Accordingly, addition on account of unexplained cash credits was made to the assessee's income. Before the Tribunal, the assessee submitted that the inspector who was deputed to carry out the enquiry in respect of these creditors had submitted a report and that report was not made available to the assessee and, therefore, the principles of natural justice were violated. It was the specific case of the assessee before the Tribunal that the report was not made available with regard to one creditor. The Tribunal remitted the matter to Assessing Officer in respect of that creditor's alone. The assessee submitted that the order remitting the case ought not to have been restricted with regard 'S' alone and that the Tribunal ought to have remitted the matter in entirety. Held that there was no merit in the assessee's contention. The assessee herself did not know the addresses or details of the 13 creditors and, therefore, the Inspector made enquiries with regard to three creditors. A report was filed by the inspector in this regard. The assessee complained lack of opportunity only with regard to 'S'. Therefore, the Tribunal…

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