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Issues: Determination of whether the cotton bales pledged by the assessee represented its income assessable u/s 69 of the Income-tax Act, 1961, and if the finding was based on suspicion.
Summary: The High Court of BOMBAY delivered a judgment on a reference under s. 256(2) of the I.T. Act, 1961, addressing two key questions. The assessee, a Hindu undivided family, had pledged cotton bales with banks, claiming they belonged to a firm named Ramanlal & Company. However, discrepancies arose as Ramanlal & Company's stock records showed fewer bales than those pledged. The Income Tax Officer (ITO) added the value of the excess stock to the assessee's income u/s 69, as unexplained investments. The Tribunal upheld this decision, leading to the reference to the High Court. Question 1: The Court rejected the argument that there was no nexus between the assessee and the pledged goods, as they were pledged in its accounts. The assessee failed to provide evidence to support its claim that the goods belonged to Ramanlal & Company, and the stock records contradicted this assertion. The Court found no basis to conclude that the assessee's explanation was true, supporting the Tribunal's decision to add the value of the pledged goods to the assessee's income. Question 2: The Court dismissed the argument that the finding was based on suspicion or improper consideration of evidence. It noted the lack of evidence supporting the assessee's claims and affirmed the Tribunal's decision as justified in law. Therefore, both questions were answered against the assessee, who was directed to pay the costs of the reference to the Commissioner.
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