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Issues Involved:
1. Basis of quantification of additions by the Assessing Officer. 2. Treatment of unexplained investments. 3. Acceptance of cash balances and receipts from the sale of gold ornaments and building materials. 4. Taxability of interest income. 5. Verification of figures and precise quantification of additions. Detailed Analysis: 1. Basis of Quantification of Additions by the Assessing Officer: The primary contention was whether the Assessing Officer was entitled to consider items not considered in the first round of assessments. Initially, the assessments were based on disbelieved credits, but in the second round, the focus shifted to unexplained investments. The Tribunal agreed that proceeding on the basis of unexplained investments rather than disbelieved receipts was appropriate, given the lack of maintained books of accounts. 2. Treatment of Unexplained Investments: The Tribunal noted that the Assessing Officer did not account for proved bank withdrawals and matured National Saving Certificates (NSCs) in the second round of assessments. The Tribunal emphasized that these should not be ignored when making additions based on unexplained investments. The Tribunal accepted the opening balance of Rs. 5,000 as of 1st April 1979, which included bank withdrawals. 3. Acceptance of Cash Balances and Receipts from Sale of Gold Ornaments and Building Materials: The Tribunal rejected the assessee's claims of holding huge cash balances and receipt of money from the sale of gold ornaments and building materials due to lack of independent evidence. The so-called cash books and ledgers were prepared subsequently and were not reliable. The Tribunal also noted that the assessee failed to produce persons confirming these transactions for cross-examination. 4. Taxability of Interest Income: The Tribunal agreed that interest on investments proved to be out of sums received from the assessee's sons should not be taxed in the hands of the assessee. However, interest on investments related to items not accepted as genuine by the Tribunal would be taxed as income from undisclosed sources. The precise quantification of such interest income was directed to be done by the Assessing Officer after giving the assessee a reasonable opportunity to be heard. 5. Verification of Figures and Precise Quantification of Additions: The Tribunal directed that the figures of additions indicated for the assessment years 1980-81, 1981-82, and 1982-83, based on statement No. 3 furnished by the assessee, should be subject to verification by the Assessing Officer. This verification was necessary to ensure the correctness of the figures. The Tribunal restored the assessee's appeal to the file of the Assessing Officer for precise quantification of the additions based on the principles laid down. Year-wise Analysis: Assessment Year 1980-81: - Addition of Rs. 22,000 was contested. - The Tribunal upheld an addition of Rs. 8,500, granting relief of Rs. 13,500 to the assessee. Assessment Year 1981-82: - The Assessing Officer made an addition of Rs. 40,000, of which Rs. 5,600 was deleted by CIT(A). - The Tribunal upheld an addition of Rs. 30,800, dismissing the Department's appeal and partly allowing the assessee's appeal. Assessment Year 1982-83: - The Assessing Officer made an addition of Rs. 1,09,000, of which Rs. 50,475 was deleted by CIT(A). - The Tribunal upheld an addition of Rs. 58,075, dismissing the Department's appeal regarding Rs. 24,095. Assessment Year 1983-84: - The Tribunal deleted an addition of Rs. 50,000 related to remittances detected by FERA authorities, allowing the assessee's appeal. Assessment Year 1984-85: - No dispute about any addition; the appeal was dismissed. Cross-Objections: The cross-objections filed by the assessee were rendered redundant as they were only for supporting the CIT(A)'s decisions, which were in favor of the assessee and questioned in Departmental appeals. Conclusion: The Tribunal's consolidated order partly allowed the assessee's appeals for the assessment years 1980-81 to 1984-85, dismissed the Department's appeals for the assessment years 1981-82 and 1982-83, and dismissed the assessee's cross-objections. The precise quantification of additions was directed to be verified by the Assessing Officer.
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