1991 (7) TMI 138 - AT - Income Tax

Issues Involved:
1. Rejection of opening capital of Rs. 16,000 for the assessment year 1976-77.
2. Rejection of accrued capital of Rs. 64,000 as on April 1, 1984.
3. Addition of Rs. 4,100 investment in pawning business.
4. Addition of Rs. 30,000 advance to Mohd. Abdul Shakoor.
5. Addition of Rs. 17,000 advance to Mohinder Singh.
6. Addition of Rs. 15,800 on account of investment in agricultural lands.
7. Miscalculation of interest income at Rs. 6,000 instead of Rs. 9,000.
8. Reduction of agricultural income from Rs. 9,500 to Rs. 6,000.
9. Household expenses considered low by Rs. 3,400.
10. Closing capital balance as on March 31, 1985, determined at Rs. 4,500 instead of Rs. 44,000.
11. Penal action and charging of interest.

Issue-wise Detailed Analysis:

1. Rejection of Opening Capital of Rs. 16,000 for the Assessment Year 1976-77:
The assessee claimed an opening capital of Rs. 16,000 as on April 1, 1975, which was not accepted by the ITO due to lack of documentary evidence. The assessee argued that he had agricultural income and had started pawning business with an initial investment of Rs. 5,000. The tribunal found the agricultural income reasonable and accepted the initial capital of Rs. 16,000.

2. Rejection of Accrued Capital of Rs. 64,000 as on April 1, 1984:
The assessee claimed a capital of Rs. 1,07,000 as on April 1, 1984, out of which Rs. 43,000 was invested in a house and Rs. 64,000 in pawning business. The ITO did not accept this due to insufficient evidence. The tribunal, however, found the agricultural income and interest income reasonable and accepted the capital of Rs. 64,000 in the pawning business.

3. Addition of Rs. 4,100 Investment in Pawning Business:
This addition was consequential to the rejection of the capital of Rs. 64,000. Since the tribunal accepted the capital of Rs. 64,000, the addition of Rs. 4,100 was deleted.

4. Addition of Rs. 30,000 Advance to Mohd. Abdul Shakoor:
The ITO found jottings indicating advances of Rs. 11,000 each and concluded a total advance of Rs. 30,000. The tribunal accepted the advance of Rs. 8,000 as explained but sustained only one addition of Rs. 11,000, deleting the second Rs. 11,000 addition.

5. Addition of Rs. 17,000 Advance to Mohinder Singh:
The ITO concluded an advance of Rs. 17,000 based on jottings found on a slip. The tribunal found the inference correct and upheld the addition of Rs. 17,000.

6. Addition of Rs. 15,800 on Account of Investment in Agricultural Lands:
The assessee claimed this was out of the capital of Rs. 64,000. Since the tribunal accepted the capital of Rs. 64,000, the addition was deleted.

7. Miscalculation of Interest Income at Rs. 6,000 Instead of Rs. 9,000:
The ITO reduced the interest income to Rs. 6,000, treating Rs. 3,000 as from undisclosed sources. The tribunal accepted the interest income of Rs. 9,000 as reasonable and directed it to be treated as such.

8. Reduction of Agricultural Income from Rs. 9,500 to Rs. 6,000:
The tribunal accepted the agricultural income of Rs. 9,500 as reasonable and directed it to be accepted as such.

9. Household Expenses Considered Low by Rs. 3,400:
The tribunal noted that part of the household expenses were met from agricultural produce and deleted the addition.

10. Closing Capital Balance as on March 31, 1985, Determined at Rs. 4,500 Instead of Rs. 44,000:
The tribunal accepted the capital of Rs. 44,000 as on March 31, 1985, based on the cash flow statement.

11. Penal Action and Charging of Interest:
This issue was stated to be consequential and called for no further consideration.

Conclusion:
The appeal was partly allowed, with several additions deleted and the capital and income figures revised as per the tribunal's findings.

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