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TMI Blog2024 (2) TMI 1534X X X X Extracts X X X X X X X X Extracts X X X X ..... said amounts in supplying relief material. There is also evidence to substantiate the operation of the accounts by the assessee. Hence, as held by the Tribunal, the assessee cannot wriggle out of the liability unless the purchases and the money spent on relief material is substantiated, failing which the assessee would have to be taxed for the entire money s received in the accounts. We do not think that there is any reason to keep the matter pending till the suit is disposed off. As has been rightly noticed by the Tribunal, neither would the findings of the Assessment Officer have a bearing on the disposal of the suit nor would the findings in the suit have a bearing on the assessment to be carried out. Assessee has not produced any materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the First Appellate Authority; one by the revenue and the other by the assessee. 2. We shall first take up the appeal against the revenue's appeal. In the appeal before the Tribunal, the revenue had raised two grounds, one with respect to the relief granted to the assessee by the First Appellate Authority with reference to the amounts withdrawn by the assessee from different accounts maintained and operated by him. This issue was remanded to the Assessing Officer for consideration and we find no question of law arising from the same. The next issue urged by the revenue was with respect to the difference in the value of immovable properties based on the valuation of the District Valuation Officer, in excess of that shown in the registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... headed by the Commissioner, Patna, under the direct supervision of the Chief Secretary, Bihar. Funds were released and relief material were said to have been supplied, both by air and road. 5. Later, a scam came to light in which funds to the extent of Rs.17.80 crores released by the State Government between 12.07.2004 to 06.08.2004 was siphoned off to a fraudulent firm with the abbreviation 'BSSSI' which stands for Baba Satya Sai Enterprises; akin to the short form of Bihar State Small Scale Industries Corporation Ltd.; in the name of Sanjeev Kumar, a fictitious person. On inquiry, it was revealed that the accounts in the name of the fraudulent firm was operated by the assessee; established through forensic reports of hand writing experts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income tax as against the money's received in the hands of the assessee, which is income assessable to tax. The Department also relied on Indraprastha Agencies v. Commissioner of Income Tax reported in (2004) 266 ITR 320. 8. We have to immediately notice that though the amounts were siphoned off and deposited in an account of a fictitious firm, registered in the name of a fictitious person, the assessee admits to have utilized the said amounts in supplying relief material. There is also evidence to substantiate the operation of the accounts by the assessee. Hence, as held by the Tribunal, the assessee cannot wriggle out of the liability unless the purchases and the money spent on relief material is substantiated, failing which the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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