9911796707
TMI Blog1967 (2) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... nts, the officer discovered the following entries purporting to be loans received from one Raja Sathyamma : Rs. 28-11-1946 10,000 23-12-1946 10,000 25-12-1946 10,000 6- 1-1947 2,000 --------------- Total : 32,000 --------------- The officer refused to believe these entries as representing genuine loans. The explanations offered by the assessee were found by him to be unsatisfactory, with the result, he added the said sum to the income returned by the assessee. Upon appeal by the assessee, the Appellate Assistant Commissioner agreed with the findings of the Income-tax Officer. He, however, pointed out that the proper categorisation of this sum should have been under the heading " income from undisclosed sources ". He a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l to refer the following questions : (i) Whether the Income-tax Tribunal, the Appellate Assistant Commissioner and the Income-tax Officer were wrong in taking into consideration the fact that in the past the assessee's accounts were not found to be correct and that during the previous years Smt. Raja Sathyamma's name had been falsely used as a creditor of the assessee-firm ? (ii) Whether, in law, the Appellate Tribunal can refuse to consider the question of law urged before it if the same could have been decided on the material before it ? Accordingly the Tribunal has now made this reference together with a statement of the case. So far as the second question is concerned, there can be no doubt that the answer to it will have to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h should for the reasons set forth be deleted in the income assessable for the year 1948-49, should be assessed in the immediately preceding year or that the said assessment be reopened to achieve that result. It will be seen, therefore, the point raised by the assessee was a point which went to the root of the matter and affected not merely his liability to pay tax but also the jurisdiction of the tribunals and authorities themselves to subject the amount concerned to tax within the assessment year 1948-49 relevant to these proceedings. Upon facts there was no doubt, nor was there any necessity to direct further investigation. Rs. 32,000 is made up of four receipts, three of Rs. 10,000 each, and one of Rs. 2,000 and the dates of these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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