2007 (11) TMI 87 - HC - Income Tax

Purchase of plot by assessee s son & receipt of payment issued in name of assessee AO made additions on basis that withdrawal could not relate back to the deposit made in assessee s account Held that on basis of account books of son, additions were not valid

Summary

Issues:
Appeal against Tribunal's judgment on unexplained investment on a plot.

Analysis:
The appeal was filed against the Tribunal's decision on two appeals - one related to the assessment year 1989-90 and the other to the assessment year 1990-91. The present appeal challenged the Tribunal's findings on Appeal No. 663 regarding the deletion of the amount related to unexplained investment on a plot. The appeal process involved multiple stages starting from listing on July 19, 2002, admission on August 28, 2002, and subsequent hearings leading to the final judgment.

The main contention of the appellant was that the Tribunal's finding was based on a misreading of the record and should be set aside. On the other hand, the Revenue's counsel argued that the finding was a pure question of fact and did not raise any substantial question of law. The key legal issue identified by the court was whether the Tribunal's finding was a result of a misreading of the record.

The court examined the facts related to the purchase of the plot in question, which was initially purchased by the appellant's son. The Tribunal found discrepancies in the payment records, leading to the addition of an amount in the appellant's hands. However, the appellant presented evidence from the bank statement of the son showing that the amount in question was withdrawn before the purchase date. The court concluded that the Tribunal's decision was based on a misconception arising from misreading the evidence.

Consequently, the court ruled in favor of the appellant, setting aside the Tribunal's decision and restoring the order of the Commissioner, Income-tax (Appeals). The judgment highlighted the importance of accurately interpreting the evidence and ensuring that decisions are based on a correct understanding of the facts presented.