2003 (1) TMI 18 - HC - Income Tax

Rejection of books of accounts income from undisclosed sources additions to income of assessee - The question whether the addition to income and the rejection of assessee s books were justified is a question of fact. - When a finding of fact is recorded by all the authorities concerned, we find that no case for interference is made out. The concurrent finding of fact recorded by the authorities concerned, does not reflect or show any substantial question of law, calling upon us to decide the same. The appeals being devoid of any merit or substance are hereby dismissed

Summary

Issues Involved:
Assessment years 1994-95 and 1995-96 - Appeal under section 260A of the Income-tax Act, 1961 - Substantial question of law - Cash credits and bank deposits - Unrecorded purchases and payments - Reliance on books of account - Estimation of sales GP - Appeal outcomes - Survey conducted - Grounds for appeal - Amendment of grounds - Finding of fact - Interference - Dismissal of appeals.

Analysis:

The judgment pertains to two appeals arising from a common order by the Income-tax Appellate Tribunal, Indore Bench, involving the assessment years 1994-95 and 1995-96. The appeals were made under section 260A of the Income-tax Act, 1961, which necessitates the High Court to admit an appeal only if it involves a substantial question of law. The appellant, in this case, failed to explain certain cash credits, bank deposits, unrecorded purchases, and payments made to suppliers discovered during a survey conducted on the appellant's shop. The appellant attributed these discrepancies to being new to business and having an inadequately trained accountant responsible for bookkeeping mainly for sales tax purposes.

The appellant contended before the Assessing Officer and the Commissioner of Income-tax (Appeals) that reliance should not be placed on the books of account due to the accountant's errors, and the sales GP should be estimated accordingly. Despite the appellant's explanations, both authorities did not find merit in the arguments presented, considering the appellant's long business tenure and the existence of the books of account during the survey. Consequently, various additions were made to the appellant's income for the relevant assessment years.

Both the appellant and the Revenue preferred appeals against the decisions. The High Court partly allowed the appellant's appeal by setting aside an amount on account of excess credit but dismissed the remaining appeal. The judgment highlighted that the survey conducted was not contested as per the Explanation under section 133A of the Act, although this ground was raised later through an amendment. However, as no substantial question of law was evident from the concurrent factual findings of the authorities, the High Court dismissed the appeals, emphasizing the lack of merit or substance in the arguments presented.

In conclusion, the judgment underscores the importance of substantial questions of law for admitting appeals under the Income-tax Act, ultimately leading to the dismissal of the appeals due to the absence of such questions and the consistency in factual findings across authorities.