1961 (6) TMI 26

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..... iscovered that certain deposits amounting to ₹ 37,000 were in two banks, namely, the Bengal Central Bank Limited and the Punjab National Bank Limited, in the names of the family members of the assessee. The particulars of the deposits were as follows : Rs. Rs. Bengal Central Bank 27-08-1948 7,000 23-10-1948 10,000 do. 10,000 do. 10,000 37,000 Punjab National Bank 15-11-1948 6,000 do. 9,000 4-11-1948 10,000 25,000 But these deposits were not shown in the account books of the assessee. The Income Tax Officer held that there was concealment of income and ultimately computed the income of the business of the assessee at ₹ 89,907. The total income of the assessee for the assessment year was computed at ₹ 1,0 .....

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..... t with regard to the concealed income did not mean that the explanation was false or that the assessee has been guilty of deliberate suppression of the particulars of its income within the meaning of section 28(1) (c) of the Act. In support of this argument learned counsel referred to a decision of this High Court in Khemraj Chagganlal v. Commissioner of Income Tax and a decision of the Bombay High Court in Commissioner of Income Tax v. Gokuldas Harivallabhdas. The principle of law laid down by these authorities is undoubtedly correct, but the question for determination is whether the present case falls within the principle laid down by these authorities. In our opinion, the material facts in the present case are quite different from those .....

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..... t in and out again and again cannot stand scrutiny for the reason that if it was the same sums there was no need to bring the cash credits first of all in the names of other persons and secondly in the names of different persons on the different occasions. We looked into the cash book entries and as it appears to us entries had been made beneath each of the items so as to create an impression that they had been ledgerised so that the Income Tax Officers attention may not be drawn to it while scrutinising the accounts. The assessee has not proved that the previous withdrawals were with him and were available for introduction as claimed now. In the circumstances, we are left with no doubt that the assessee concealed particulars of income.&quo .....

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