2007 (11) TMI 456 - AT - Income Tax

Summary

Issues:
1. Appeal against order of CIT(A) for assessment year 2000-01.
2. Treatment of purchase of Armada Jeep as investment from undisclosed sources.

Analysis:
1. The appeal before the Appellate Tribunal ITAT Jodhpur arose from the order passed by the CIT(A) for the assessment year 2000-01. The main issue raised out of the 8 grounds of appeal was regarding the purchase of an Armada Jeep for Rs. 4,85,000, treated by the Assessing Officer and CIT(A) as an investment from undisclosed sources.

2. The assessee, a retired Government employee receiving pension, purchased the jeep in February 2000. The Authorised Representative argued that the assessee had sufficient funds from savings, retirement benefits, and pension to make the purchase. Despite not submitting a balance sheet due to not being in business, the assessee provided evidence of finances used for the purchase. The Department did not establish funds were invested elsewhere. The AR argued that the retirement benefits were received in cash and explained the cash kept at home due to ongoing disputes with family.

3. The Tribunal noted the assessee's 39 years of Government service, retirement benefits received in cash, and pension since 1996. With no evidence of investments elsewhere, the Tribunal concluded that the assessee had enough funds from savings, pension, and retirement benefits to purchase the jeep. Therefore, the Tribunal set aside the lower authorities' decision on the issue, allowing the appeal in favor of the assessee.