1979 (7) TMI 118 - AT - Income Tax

Summary

Issues:
1. Whether the addition of Rs. 17,150 as income from undisclosed sources by the Income Tax Officer (ITO) should be upheld.
2. Whether the Appellate Assistant Commissioner (AAC) erred in admitting new evidence without giving an opportunity to the ITO.
3. Whether the explanation provided by the assessee regarding the source of the seized cash was satisfactory.

Detailed Analysis:
1. The appeal was filed by the Department against the AAC's order regarding the addition of Rs. 17,150 as income for the assessment year 1977-78. The cash was found during a search at the premises of the assessee, a partnership firm. The assessee initially explained that the cash belonged to four relatives and not to the firm. However, the ITO assessed it as the firm's income from undisclosed sources as the explanation was deemed unsatisfactory.

2. The assessee appealed to the AAC, arguing that the explanation given to the ITO should have been accepted. The AAC allowed the examination of books of accounts of a commission agent, M/s. Ramanlal & Sons, who maintained accounts for the four parties involved. The AAC found withdrawals from the accounts of the four parties before the search, supporting the assessee's explanation. The Department's representative contended that the AAC erred in admitting new evidence without giving the ITO an opportunity to examine it.

3. The Tribunal considered both parties' contentions and the facts on record. It noted that the AAC had permitted the ITO to examine the books of accounts before making a decision. The Tribunal found that the AAC had the authority to direct the production of documents under Rule 46A (4) to dispose of the appeal. It concluded that the explanation provided by the assessee, consistently stating that the cash belonged to the relatives who withdrew it from their commission agent's books, was satisfactory. The Tribunal upheld the AAC's order, dismissing the appeal filed by the Department.