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Issues involved: Question under section 256(2) of the Income-tax Act, 1961 regarding the treatment of loans as the assessee's income from undisclosed sources.
Summary: The case involved a private limited company for the assessment year 1962-63. The Income-tax Officer found that the company had shown loans of Rs. 20,000 from two parties, but notices to the creditors came back unserved. The Income-tax Officer treated the loans as undisclosed income. The Appellate Assistant Commissioner dismissed the appeal as the company failed to establish the identity of the parties. The Tribunal upheld the decision, stating that the confirmatory letters were insufficient to prove the genuineness of the loans. The Tribunal also noted the lack of evidence to establish the identity of the creditors. The counsel for the assessee argued that the Tribunal's conclusion was perverse, but the Court disagreed. The Court found that the Tribunal had considered all relevant facts and materials before reaching its decision, which was not unreasonable or perverse. Consequently, the question was answered in the negative, in favor of the revenue, with no order as to costs. Judge C. K. Banerji concurred with the decision.
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