JUDGEMENT
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(1.) This appeal under Section 260A of the Income-tax ( Act ) is at the
instance of an assessee and is directed against order dated 26th
February, 2003
passed by the Income-tax Appellate Tribunal, B Bench, Kolkata in ITA
No.293/Kol/2002 for the Assessment Year 1997-1998 dismissing the appeal filed
by the assessee.
(2.) Being dissatisfied, the assessee has come up with the present appeal.
(3.) The facts leading to filing of this appeal may be summed up thus:
a) The appellant is a Hindu Undivided Family (HUF) and is an assessee
under the Income-tax Act, 1961 ( Act ). For the Assessment Year 1997-
98, after the assessment under Section 143(3) of the Act was initiated,
the Assessing Officer issued summons under Section 131 of the Act to
Sri K. K. Pant and Sri Asharam Mohata, the alleged creditors of the
assessee. Sri Pant expired before issue of notice. Sri Mohata produced
relevant documents along with a forwarding letter dated 15th
January,
2000 confirming the genuineness of the loan.
b) On 30th
March, 2000, the Assessing Officer completed the assessment,
adding Rs.15,00,000/- as unexplained cash credit and Rs.2,84,602/-
as interest payable to the loan creditors.
c) Being dissatisfied, the appellant preferred an appeal before the
Commissioner of Income-tax (Appeals) but the said appeal was
dismissed.
d) Against the aforesaid order passed by the Commissioner of Income-tax
(Appeals), the appellant preferred an appeal before the Tribunal below
and by the order impugned in this appeal the Tribunal has dismissed
the said appeal.
e) Being dissatisfied, the appellant has come up with the present appeal.;
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