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Issues involved: The judgment involves the interpretation of section 68 of the Income-tax Act, 1961 regarding cash credits found in the books of an assessee, the requirement to establish the identity, capacity, and genuineness of the creditor, and the Tribunal's authority to determine the genuineness of transactions.
Summary: The High Court of Orissa considered a case where cash credits were found in the books of an assessee for the assessment year 1983-84, leading to an addition to the income under section 68 of the Income-tax Act, 1961. The Assessing Officer did not accept the explanation provided by the assessee regarding the transactions with two firms in Calcutta. The appellate authority directed further opportunity for the assessee to establish the genuineness of the transactions, leading to the matter being remitted for reassessment. The assessee appealed to the Tribunal, which after reviewing the materials and confirmation letters, concluded that the transactions were genuine. The Tribunal directed the deletion of the added income from the assessee's total income. The Department sought a reference to the High Court, arguing that the Tribunal's finding was not reasonable. The Court examined the Tribunal's decision and upheld it, stating that the Tribunal was justified in deeming the transactions genuine and directing the deletion of the added sum from the assessee's income. The Court referenced the principles laid down by the Supreme Court regarding interference with Tribunal findings on questions of fact. It concluded that the Tribunal's decision was based on relevant evidence and materials, therefore ruling in favor of the assessee. The Court held that the Tribunal's decision on the genuineness of the transactions was valid and upheld the deletion of the sum from the assessee's income.
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