1980 (10) TMI 106 - AT - Income Tax

Summary

Issues:
1. Estimation of income from the medical profession for the assessment year 1975-76.
2. Addition of income from undisclosed sources related to a loan of Rs. 10,000.
3. Estimation of income from residential property.
4. Disallowance of depreciation on the car.
5. Levy of interest under section 217.

Analysis:

1. The case involved the estimation of income from the medical profession for the assessment year 1975-76. The assessee initially estimated his income at Rs. 21,600 but later revised it to Rs. 29,000. The Income Tax Officer estimated the income at Rs. 40,000 due to the absence of supporting accounts. The assessee appealed, arguing that the estimate was high considering the small practice location. The Appellate Authority confirmed the estimate, leading to the appeal. The Tribunal found the estimate of Rs. 40,000 reasonable, considering the investments and withdrawals, and rejected the claim about a loan, reducing the income to Rs. 39,000.

2. Another issue was the addition of Rs. 10,000 as income from undisclosed sources related to a loan. The loan was from a person known to the assessee, but doubts arose about its genuineness. The Tribunal found it suspicious that the loan was interest-free and used for a car purchase when the assessee had other funds. Despite doubts, the Tribunal did not make a separate addition, as the total income was already increased by a similar amount, allowing a reduction of Rs. 10,000.

3. The case also involved the estimation of income from a residential property. The Appellate Authority had reduced the income to Rs. 2,500 from Rs. 4,155 determined by the Income Tax Officer. The Tribunal found the reduced estimate reasonable based on the property's area and construction cost, without delving into the actual construction expenses.

4. Regarding the disallowance of depreciation on the car, the Income Tax Officer had disallowed half, but the Appellate Authority restricted it to 1/3rd. The Tribunal, considering the nature of the activities, decided that a disallowance of 1/4th depreciation would be just and upheld the decision.

5. The last issue was the levy of interest under section 217. The Tribunal, following judgments from the Allahabad High Court, held that the charging of interest under section 217 was not appealable. Citing relevant case law, the Tribunal dismissed the ground raised by the assessee. Ultimately, the appeal was partly allowed, addressing the various grounds raised by the assessee.