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TMI Blog2013 (11) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... ion can be accepted only on the basis of evidences and explanations - Tax authorities have not taken any step to verify the address in order to ascertain the correct identity of Mr. Alex George(assessee), particularly in the circumstances of the claim that the Alex George is a different person and not the assessee. The father's name has been mentioned as "K.C.George". In most of the situations; the father's name may not be alike, though the personal name may be alike - Restored the matter to Commissioner(A)’s file with the direction to cause enquiries on the above said lines and also such other enquiries that may be required and then take appropriate decision in accordance with the law. - I.T.A. No. 325/Coch/2009 - - - Dated:- 8-2-2013 - Shri N. R. S. Ganesan, JM And B. R. Baskaran, AM,JJ. For the Appellant : Smt. S. Vijayaprabha, Jr. DR For the Respondent : Shri Philip T. Varghese, adv. ORDER Per B. R. Baskaran, Accountant Member: The appeal filed by the department is directed against the order dated 15.3.2009 passed by Ld CIT(A)-IV, Kochi and it relates to the assessment year 2005-06. The solitary issue urged in this appeal is whether the Ld CIT(A) was just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him. It was also stated that the payment of Rs.46.55 lakhs to Mr. Alex George will be treated as if the said amount has been paid by Shri M.R. Somarajan and received by Sri Alex George and that he will never be making any claim in respect of the said amount. This letter of authorization was executed on a stamp paper with the value of Rs.50/-. However the payment of Rs.46.55 lakhs was made only in the year 2004 as detailed below:- Cheque No. of South Indian Bank Date Amount 277785 05.04.2004 5,00,000 277792 17.04.2004 15,00,000 277794 22.04.2004 15,00,000 277799 28.05.2004 11,55,000 46,55,000 A final agreement was entered on 28.05.2004 in full and final settlement of all the rights and claim between the parties. 5. During the course of enquiry made by the Income tax Officer, Ward-4, Kottayam in the case of Shri M.R. Somarajan, the assessee here in was examined on 25.8.2005. In the sworn statement taken from him, the assessee herein denied the fact of receipt of Rs.46.55 lakhs from M/s Kuriakose Elias Trust on behalf of Shri M.R Somaraja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO has assessed the amount of Rs.46.55 lakhs without any supporting material. (b) Though the payments were stated to have been made by way of cheques, no effort was taken to trace the credits in any of the bank accounts. (c) The amount was paid by the trust in the year 2004 and the interest was paid up to the year 2000 only, though the payment was agreed to be paid in the year 2000 itself. If such a huge amount was due to the assessee, he would have filed suit. (d) The handwriting and signatures noticed on the receipts are not that of the assessee. Even though the AO has noticed the difference in the handwriting and signatures, the said point was not elaborated by him. 10. The Ld CIT(A) called for a remand report from the AO about the cheque payments and in the remand proceedings, it was noticed that impugned amounts were actually paid by way of cash by withdrawing the amounts through bearer cheques. Hence the Ld CIT(A) directed the AO to take sworn statement from Fr. Mathew Thayyil, the secretary cum treasurer of the Kuriakose Elias Trust, since the AO had relied upon the statement taken from the above said person bythe ITO, Ward-4, Kottayam. In the sworn statement taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of entire aspects, we notice following contradictions with regard to the impugned issue:- (a) In the letter of authorization written by Shri M.R. Somarajan, the address of Shri Alex George was written as under:- Mr. Alex George S/o K.C. George, Ponnadamvackel House, Palai - 686575, Kottayam. However, we notice that the tax authorities have not taken any step to verify this address in order to ascertain the correct identity of Mr. Alex George, particularly in the circumstances of the claim that the Alex George is a different person and not the assessee. The father's name has been mentioned as "K.C.George". In most of the situations; the father's name may not be alike, though the personal name may be alike. (b) During the course of assessment proceedings of the assessee herein, the AO made enquiries with Shri M.R. Somarajan and he has written a letter dated 08-09-2006 to the effect that he has received money from "Mr. Alex George, Uniroyal Polymers, Pala". It is an undisputable fact that the assessee herein is only carrying on the business under the name and style "Uniroyal Polymers". Thus, Shri M. R. Somarajan has confirmed the identity of the "Alex George" as the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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