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TMI Blog1982 (1) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment year 1967-68, she returned total income of Rs. 2,764 disclosing, among other items of income, interest on deposits. The assessment was completed under s. 144 of the I.T. Act, 1961. Subsequently, the assessment was reopened, and the total income was determined at Rs. 48,170. The difference between the figure as originally assessed and the figure at which the subsequent assessment was made for the same year represented what, according to the ITO, was income from certain unexplained investments of the assessee. The assessee appealed against this assessment. The AAC reduced the addition made by the ITO and sustained it to the extent of Rs. 20,400 as against Rs. 45,401. The order of the AAC reducing the estimate was sustained by the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had gathered muster during all these years subject to personal drawings every year from 1944 onwards. It was urged that even after allowing for personal drawings, there was balance of Rs. 82,230 which was available to her. Examining these representations regarding the availability of resources, the Tribunal recorded a finding that, to the extent of at least Rs. 58,750, there was no dispute that the assessee had sources of money available to her. Indeed, it was on this basis that in the appeal against the relevant assessment, the AAC had restricted the addition to Rs. 20,400 as against Rs. 43,463 added by the ITO. After referring to this feature in the determination of the assessee's income, the Tribunal pointed out that even this figure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that it was not based on any relevant material, nor was it based on a reasonable view of the facts. We have already summarised the reasonings of the Tribunal and the materials on the basis of which the Tribunal had expressed its conclusion that there was no evidence of concealment in this case. We do not think that the materials which have been relied on by the Tribunal are farfetched or irrelevant to the point at issue. Nor can we bring ourselves to say that on the facts found, no reasonable Tribunal properly instructed in the law could have come to this conclusion which this Tribunal has come to. Our answer to the question of law, therefore, must be, in the affirmative and against the Department. The reference is accordingly answered in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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