1978 (10) TMI 54 - AT - Income Tax

Summary

Issues:
1. Addition of Rs. 20,000 by ITO based on unexplained investment of Rs. 32,000.
2. Dispute regarding analysis of assessee's income and savings for the years 1961-62 to 1968-69.
3. Estimation of net ALV of house property by AAC at Rs. 1,000.

Analysis:
1. The assessee appealed against the addition of Rs. 20,000 by the ITO out of a total addition of Rs. 32,000. The assessee claimed the investment was from past agricultural income savings. The ITO, after examining the assessee's agricultural income and expenses, found no scope for savings and made the addition. The AAC sustained the addition of Rs. 20,000, stating the assessee failed to explain the investment adequately. However, the Tribunal held that the entire investment was from the assessee's agricultural savings, ordering the deletion of the Rs. 20,000 addition.

2. The dispute revolved around the analysis of the assessee's income and savings for the years 1961-62 to 1968-69. The assessee argued that the ITO did not consider all sale proceeds, including standing crops and Paniris. The AAC allowed a benefit of Rs. 12,000 but the Tribunal disagreed, stating the assessee, being an expert in vegetable farming, could have saved more than estimated. The Tribunal held that the assessee's savings from agricultural operations justified the unexplained investments, leading to the deletion of the Rs. 20,000 addition.

3. Another issue was the estimation of the net ALV of the house property by the AAC at Rs. 1,000, despite the property income being consistently assessed at Rs. 250 for subsequent years. The Tribunal, noting the consistent assessment, reduced the estimate to Rs. 250. Consequently, the Tribunal allowed the appeal, overturning the additions made by the lower authorities and reducing the net ALV of the house property to Rs. 250.