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TMI Blog2017 (11) TMI 680X X X X Extracts X X X X X X X X Extracts X X X X ..... f the statement which was made, since the source of income is to be established by the department and they cannot merely rely on a letter written by the Chartered Accountant, in that view of the matter, the contention raised by counsel for Mr. V.M. Dawra is required to be accepted. Even otherwise in the case of Mr. Vimal Choudhary, the matter was remanded back to the authority and the relief was granted which was not challenged by the department. On the basis of reasoning given by the tribunal, if in one case, the department has not challenged the order of the tribunal which was remitted back and relief granted in favour of the assessee. Thus on the principle of parity, Mr. V.M. Dawra is required to be granted the same relief. In that vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the statistical purpose but has rejected the substantial relief. 4. While admitting the appeals, the following question of law has been framed by this Court:- D.B. Income Tax Appeal No.57/2002 admitted on 03.07.2002:- Whether on the facts and in the circumstances of the case, the tribunal was justified in sustaining an addition of ₹ 119.73 lakhs and treated as undisclosed income of the appellant, irrespective of the fact that inter-transactions are involved in group of the cases including the appellant and other cases of group have been set-aside by the Tribunal for making full inquiry and investigation t reach on the final conclusion, such duality of approach of Tribunal does not make the impugned order of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... husband of the appellant, on the basis of working of unaccounted income of all persons/companies and concerns of the group including the appellant, then whether again making the addition on the basis of some entries from the books of the appellant would not tantamount to double additions? (ii) Whether the additions can be made in Block Assessment without any evidence or material found/discovered as a result of search and merely on the basis of inquiry during the course of Assessment Proceedings? (iii) Whether the action of learned Income Tax Appellate Tribunal in upholding the addition to the exdtent of ₹ 35,11,063/- 2,30,000/- u/s. 68/69 has not resulted in double taxable of the same amount in two hands as the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Circular under Low Tax Effect. 7. Mr. Sanjay Jhanwar counsel for the appellant has taken us to para 6 of the order of the Tribunal which shows the calculation of the each of the Director namely Mr. V.M. Dawra-Rs.11973000/-, in the case of the Mr. Vimal Choudhary-Rs.5899740/-, in the case of Mr. U.S. Baig-Rs.1750000/- and as stated hereinabove that there are different stands, therefore he contended that on the ground of parity if the department has accepted the case of Mr. Vimal Choudhary, then the case of Mr. V.M. Dawra also deserves to be allowed and parity may be maintained. 8. He further contended that the tribunal while observing that in case a company where block assessment account made by the Chartered Accountant was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ources and have been utilised. 11. He contended that in spite of that if any material was found, it can t be added in the income of the Director. He further contended that without there being any material, the income could not have been added merely on the letter written by the Charted Accountant. 12. Mr. R.B. Mathur, counsel for the respondent has taken us to para 6 of the order to the Tribunal which reads as under:- Summarily it can be said that the total unaccounted money involved in case of Terryfab (I) Ltd. (including its promoters is ₹ 119.73 lacs. Since the unaccounted money to this extent was to be utlised for the purpose of investment in Terryfab (I) Ltd., it was necessary to channelise the said money through di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , since the source of income is to be established by the department and they cannot merely rely on a letter written by the Chartered Accountant, in that view of the matter, the contention raised by counsel for Mr. V.M. Dawra is required to be accepted. Even otherwise in the case of Mr. Vimal Choudhary, the matter was remanded back to the authority and the relief was granted which was not challenged by the department. On the basis of reasoning given by the tribunal, if in one case, the department has not challenged the order of the tribunal which was remitted back and relief granted in favour of the assessee. 16. In our considered opinion, on the principle of parity, Mr. V.M. Dawra is required to be granted the same relief. 17. In that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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