2012 (5) TMI 19

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..... S.ARUN RAJ   JUDGMENT   Ramachandran Nair, J.   This is an appeal filed by the Revenue against the order of the Tribunal confirming the CIT(Appeals) order cancelling block assessment made on the respondent-assessee. We have heard Senior counsel Sri.P.K.R.Menon appearing for the Revenue and Adv. Sri.Arun Raj appearing for the respondent-assessee. 2. Block assessment was made on t .....

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..... es. We have today disposed of I.T.A. No.1583/2009 filed by the Revenue against Sri.A.M.Fazil, wherein we have upheld the determination of undisclosed income from the very same film "Pappayude Sontham Appoose". In that judgment we have sustained addition of 20% income of the assessee's brother for the year 1994-95 for the reasons stated in detail in the said judgment. We extract hereunder the findi .....

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..... isclose realisation amounts substantially different leaving a margin of around Rs.56 lakhs, the assessee could not explain as to which is the correct one. However, corroboration was rendered in the statement given by the distributor namely, Sri.P.D.Abraham who stated that actual realisation was Rs.1,72,87,353/-. It is seen that the Assessing Officer was very considerate in accepting another statem .....

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..... hat actual amount realised was Rs.1,72,87,353/- and not the lower amount found in another statement of the same date. In fact, from out of this, the officer allowed Rs.55 lakhs as claimed by the distributor towards print and publicity expenses. Assessee's 20% income from the balance distributed income is only assessed as undisclosed income for the year 1994-95. We do not find any justification for .....

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..... id judgment we allow this appeal in part by upholding the assessment of assessee's share of income from the firm which is 40% i.e. Rs.4.5 lakhs for the year 1994-95. For the year 1995- 96, we do not think the addition should be separately considered in the case of this assessee alone. Consequently we allow the appeal to the extent indicated above i.e. by sustaining addition of Rs.4.5 lakhs for the .....

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