9911796707
TMI Blog1978 (8) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome from undisclosed sources for the assessment year 1959-60, Rs. 7,550 for the assessment year 1960-61 and Rs. 43,500 for the assessment year 1961-62. These additions made have been confirmed by the AAC and also by the Tribunal. Among the house properties the income from which have been brought to tax in the hands of the assessee, there are three items, viz., premises Nos. 699, 699/1 and 1148 at Devaraja Mohalla, Mysore. The assessee's husband died on September 5, 1943. It transpires that he executed a deed of settlement in respect of the premises bearing Nos. 699 and 699/1 in favour of the assessee as well as his sons, Krishnappa, Giriappa and Venugopal Naidu. The premises bearing No. 1148, had been purchased by him on May 25, 1943. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be HUF property and the Tribunal also merely confirmed it without any discussion of the material facts bearing on the question. It is seen that the settlement as well as the purchase of the property bearing No. 1148 are evidenced by registered documents and had been produced before the ITO during the course of the assessment for the year 1958-59. Merely because the documents were not produced again in the subsequent years, the claim could not be rejected without calling for those documents from the assessee and considering the effect of the same. The assessment for each year is a self-contained one and there is no question of res judicata, merely because the claim is rejected in one year. If such a claim is raised in any subsequent year, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that belonging to her mother-in-law and a dowry amount that had been received at the time of the marriage of her son and some other amounts received from certain parties were available for making the investments. It was also claimed that she had made savings between 1943 and 1948 and the same would amount to about Rs. 32,400. The ITO noticed that by 1958, the investments on house property had been made in a sum of Rs. 17,300 and, therefore, the claim that any cash left by the husband would be available was unbelievable assuming that her husband who was only an employee drawing Rs. 45 per month could have amassed such an amount of cash. No details were given in regard to jewels and to whom it was sold and when it had been sold. There was al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the department. We, therefore, consider that it would be reasonable to hold that this sum would have been available for investment." Having said so, the Tribunal proceeded to say : " The Income-tax Officer has already given credit for Rs. 5,000. We, therefore, consider that no further adjustment is called for. " We find it very difficult to reconcile the conclusion arrived at by the Tribunal with its findings in the extract quoted earlier. The Tribunal ought to have held that a sum of Rs. 10,000 was available for the investment that had been made in the accounting year relevant to the assessment for 1959-60, and should have given credit for the balance of Rs. 5,000. Accordingly, for that assessment year the unexplained investment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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