1986 (3) TMI 3 - SC - Income Tax

Tribunal came to the conclusion that the assessee has discharged the burden that lay on him, then it could not be said that such a conclusion was unreasonable or perverse or based on no evidence. If the conclusion is based on some evidence on which a conclusion could be arrived at, no question of law as such arises - it cannot be said that any question of law arose in these cases - High Court was, therefore, right in refusing to refer the questions sought for

Summary

Issues:
Refusal to direct the Tribunal to state a case under section 256(2) of the Income tax Act, 1961 and to refer certain questions of law arising out of the appellate order of the Income-tax Appellate Tribunal for determination by the High Court.

Analysis:
The appeals arose from the decision of the Orissa High Court refusing to direct the Tribunal to state a case under section 256(2) of the Income tax Act, 1961, and to refer questions of law arising from the appellate order of the Income-tax Appellate Tribunal. The issues involved questions regarding the assessee's initial onus in proving confirmation letters and hundis, the deletion of income from undisclosed sources, the shifting of onus from the assessee to the Revenue, and the imposition of penalty under section 271(1)(c) read with section 274(2) of the Act. The Tribunal concluded that the Revenue was not justified in drawing adverse inferences against the assessee and deleting the penalty. The High Court and subsequently the Supreme Court upheld the Tribunal's decision, stating that no question of law arose in these cases. The High Court rightly refused to refer the questions sought for, leading to the dismissal of the appeals.

The Income-tax Officer had observed inconsistencies in the confirmation letters provided by the assessee and expressed doubts about their authenticity. The assessee failed to produce the alleged creditors before the Income-tax Officer, leading to the addition of Rs. 1,50,000 as unproved cash credit to the assessee's income. The Tribunal noted that the creditors were income-tax assessees who admitted to allowing their names to be used without giving loans. The Tribunal concluded that the Revenue's adverse inference was unjustified and deleted the penalty. The Tribunal's decision was based on evidence and not considered unreasonable or perverse.

The onus in such cases lies on the assessee under section 68 of the Income tax Act, 1961. The section allows unexplained cash credits to be charged as the assessee's income if not satisfactorily explained. Previous court decisions emphasized the need to consider all evidence fairly and avoid basing findings on conjectures or suspicions. The Tribunal's decision was found to be based on evidence and not on irrelevant considerations. The High Court rightly refused to refer the questions of law as no substantial legal issue arose from the Tribunal's decision.

In conclusion, the Supreme Court upheld the decisions of the Tribunal and the High Court, stating that no question of law arose in the case. The Tribunal's findings were based on evidence, and the assessee had discharged the burden that lay on them. The High Court's refusal to refer the questions sought for was deemed appropriate, leading to the dismissal of the appeals.