| Citation(s) |
|---|
| 2004 SLG 2929 2004 SLD 2929 (2004) 270 ITR 597 |
Rajasthan High Court
IT REFERENCE Nos. 1 AND 43 OF 1998 APRIL 17, 2002
N.N. MATHUR AND D.N., JOSHI, JJ.
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IT REFERENCE Nos. 1 AND 43 OF 1998 APRIL 17, 2002
N.N. MATHUR AND D.N., JOSHI, JJ.
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Commissioner of IncomE tax
v.
Ishwardass Mutha
Law:
Section:
Section 69 of the Income-tax Act, 1961 - Unexplained investments - Assessment year 1981-82 - Assessing Officer made an addition to income of assessee on account of unexplained investment in money lending business - Said addition was made by Assessing Officer by taking into account debit side only - On appeal, Tribunal reduced amount of addition sustaining only to extent of peak credit only - Whether, in view of above facts, no referable question arose from order of Tribunal for consideration - Held, yes Section 69B of the Income-tax Act, 1961 - Undisclosed investments - Assessment year 1982-83 - Assessing Officer made an addition to income of assessee on account of undisclosed interest income - Deputy Commissioner (Appeals) deleted addition and in view of that, Tribunal also deleted consequential addition to main addition - Whether, in view of above facts, no referable question arose from order of Tribunal for consideration - Held, yes Sandeep Bhandawat for the Appellant. JUDGMENT N.N. Mathur, J.-Both the reference applications under section 256(2) of the Income-tax Act, are at the instance of the Revenue from the order of the Tribunal, dated 3rd Sept., 1997. The IT Ref. No. 43 of 1998 pertains to assessment year 1981-82 and the IT Ref. No. 1/1998 pertains to assessment year 1982-83 and the same assessee namely, Ishwardass Mutha. 2. In D.B. IT Ref No. 43/1998 it appears that the assessee Ishwardass Mutha filed a return in the year 1983 showing the total income of Rs. 13,410 representing share from M/s. Chogalal Bhimraj, a firm. This return was accepted under section 143(1) on 19th March, 1983, in a routine manner. On the basis of certain incriminating documents seized in the course of search, the assessing authority opined that there was an escapement of income. Accordingly, he issued a notice under section 148 and found that…
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