9911796707
TMI Blog2002 (10) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... and had decided the matter mainly on the basis that the firm was granted registration. It is not seen that the Department has filed any appeal against the order of the Tribunal. We are of the view that the Tribunal had disallowed the claim of loss to the extent of Rs. 6 lakhs on a due consideration of all the relevant materials placed before it. We do not find any illegality in the order of the Tribunal. The findings entered by the Tribunal are findings of fact. We do not find any substantial question of law much less any question of law arising from the said findings. - - - - - Dated:- 28-10-2002 - Judge(s) : G. SIVARAJAN., K. BALAKRISHNAN NAIR. JUDGMENT The judgment of the court was delivered by G. SIVARAJAN J.-The matter arise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) before the Tribunal. The Tribunal sustained the disallowance of the loss in toddy business to the extent of Rs. 6,00,000 as against the order of the Commissioner of Income-tax (Appeals) cancelling the entire disallowance. The appellant, being aggrieved by the said order, has filed this appeal. This court ordered notice in the appeal on the following question of law: "That, on the facts and circumstances of the case, is the Income-tax Appellate Tribunal right in confirming the disallowance of loss from the toddy business to the extent of Rs. 6 lakhs?" We have heard Sri V. Ramachandran, learned senior counsel for the appellant, and Sri P.K.R. Menon, learned senior Central Government standing counsel for the respondent. We hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that the assessee had obtained conflicting statements from his employees by coercion and therefore the original statements which had been given voluntarily by the employees cannot be ignored. The Tribunal, noting the aforesaid circumstances, had observed that the Commissioner (Appeals) had not considered the above factors while deleting the disallowance. The Tribunal has taken the view that the burden is on the assessee to prove with valid evidence that there was loss of more than Rs. 12 lakhs incurred in the running of 15 shops. The Tribunal also noted that the assessee had filed a statement before the Tribunal showing the details of the loss in toddy business for the assessment years 1989-90 to 1991-92 and pointed out that during the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, it is clear that the assessee was not maintaining proper accounts in respect of its business, particularly the toddy business, and that the assessee has not produced any supporting material or evidence with respect to the loss in toddy business claimed by it. The first appellate authority, however, did not go into the said question and had decided the matter mainly on the basis that the firm was granted registration. The Tribunal after noting the aforesaid circumstances had independently considered the claim made by the assessee with reference to the assessment proceedings for the earlier assessment years particularly the assessment for the year 1990-91 and the order passed by the Tribunal for the said year. The Tribunal had noted th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
