2008 (9) TMI 970 - HC - Income Tax

Summary

Issues involved: Appeal against order passed by income tax Appellate Tribunal confirming unexplained investment under section 69 of the Income tax Act 1961 for assessment year 1998-99.

The appeal was filed by the assessee against the order passed by the income tax Appellate Tribunal, Bangalore Bench 'C', confirming the unexplained investment under section 69 of the Income tax Act 1961 for the assessment year 1998-99. The substantial questions of law raised in this appeal were whether the sale transactions declared in the regular returns were taxable under section 69 of the Income tax Act, and whether the goods sold under these transactions were the same goods declared under the Voluntary Declaration of Income Scheme 1997. The court noted that an identical case had been decided earlier on similar facts and law, and based on that decision, answered the substantial question of law in favor of the assessee. Consequently, the appeal was allowed, and the order passed by the income tax Appellate Tribunal was set aside. The matter was remitted to the Assessing Officer for fresh orders in accordance with the observations made in the judgment.