1995 (5) TMI 64 - AT - Income Tax

Issues Involved:
1. Whether any finding given by the Tribunal in the case of M/s. SLBP is binding against the assessee in this case, namely Shri Amar Singh.
2. Whether the statement given by Shri Banarsi Dass, the Munim, can be taken as proof against Shri Amar Singh.
3. Whether the finding of the Tribunal in the case of M/s. SLBP constitutes an issue estoppel in the assessment proceedings against Shri Amar Singh.
4. Whether there is any inherent evidence in the impugned papers that conclusively proves the entries belong to Shri Amar Singh.
5. Whether the assessment of Rs. 1,96,000 for assessment year 1974-75 and Rs. 2,53,000 for assessment year 1975-76 as unexplained investment is justifiable in the hands of Shri Amar Singh.

Summary:

Issue 1: Binding Nature of Tribunal's Finding
The Tribunal held that the findings in the case of M/s. SLBP are not binding against Shri Amar Singh. The assessments of M/s. SLBP and Shri Amar Singh are separate and distinct, and there is no res judicata in income-tax proceedings. The Tribunal's findings in M/s. SLBP cannot be used in the assessment proceedings against Shri Amar Singh.

Issue 2: Relevance of Shri Banarsi Dass's Statement
The Tribunal concluded that the statements given by Shri Banarsi Dass during the assessment proceedings of M/s. SLBP cannot be used against Shri Amar Singh. The statements were recorded in a different proceeding, and Shri Amar Singh did not have the opportunity to cross-examine Shri Banarsi Dass. Therefore, these statements are not admissible in the assessment proceedings of Shri Amar Singh.

Issue 3: Issue Estoppel
The Tribunal found that the concept of issue estoppel, which is part of res judicata, does not apply in income-tax proceedings. Consequently, the findings in the case of M/s. SLBP do not create an issue estoppel against Shri Amar Singh.

Issue 4: Inherent Evidence in Impugned Papers
The Tribunal observed that the impugned papers were found at the business premises of M/s. SLBP and not at the premises of M/s. Vishwa Nath Amar Singh, where Shri Amar Singh was a partner. There is no conclusive evidence that the entries in the impugned papers belong to Shri Amar Singh. The entries could also relate to other entities, such as M/s. Vishwa Nath Amar Singh.

Issue 5: Justifiability of Assessments
The Tribunal held that there is no justification for making the additions of Rs. 1,96,000 for assessment year 1974-75 and Rs. 2,53,000 for assessment year 1975-76 in the hands of Shri Amar Singh. The assessments were based on the statements of Shri Banarsi Dass, which are not admissible, and there is no conclusive evidence linking the impugned amounts to Shri Amar Singh. The Tribunal reversed the CIT(A)'s findings and allowed the appeals of the assessee.

Conclusion:
The appeals of the assessee, Shri Amar Singh, are allowed for the assessment years 1974-75 and 1975-76, and the additions of Rs. 1,96,000 and Rs. 2,53,000 as unexplained investments are deleted.

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