JUDGEMENT
JAWAHAR LAL GUPTA, J. -
(1.) THE dispute relates to the year 1989 90. The assessee showed a gross turnover of Rs. 38,47,829.
A gross profit of Rs. 8,00,256 was declared. After claiming deductions, a total income of Rs. 79,200
was shown in the return. The AO made certain additions. One of these related to the disallowance
of an amount of Rs. 18,000 alleged to have been paid as salary to Smt. Nisha Jain and Smt.
Kanchan Jain. It was claimed by the assessee that a salary of Rs. 750 per month was being paid to
each of the two ladies. On this basis, a deduction of Rs. 18,000 was claimed.
After consideration of the matter, the AO found that the claim was not tenable. It was, inter alia,
observed that 'no documentary evidence with regard to the services rendered' had been produced.
Aggrieved by the order, the assessee filed an appeal, which was dismissed by the CIT(A). Still not
satisfied, the assessee approached the Tribunal. Vide order dt. 5th Feb., 2001 the appeal has been
dismissed. Hence this appeal under S. 260A of the IT Act, 1961.
(2.) MR . Vikas Jain, the learned counsel for the appellants (the legal representatives of the original assessee), submits that the authorities have illegally rejected the assessee's claim. In case of
relations it was not necessary for the assessee to maintain a register under the Punjab Shops and
Commercial Establishments Act, 1958. Thus, a substantial question of law arises for the
consideration of the Court.
After hearing the learned counsel we find that the two ladies were examined by the AO. Their statements were recorded. The findings are based on appreciation of evidence. The factum of
register is only one of the circumstances. Even if that is ignored, the findings are sustainable on
the other evidence on the file of the case. It has been found as a fact that no evidence regarding
the services rendered by the two ladies has been produced. Thus, the deduction has been
disallowed.
Another fact which deserves mention is that the two ladies, who were allegedly employed, are, in
fact, the daughters in law of the assessee. It is on consideration of the evidence and the relevant
circumstances that the finding has been recorded. We do not find that any substantial question of
law arises so as to warrant interference by this Court.
(3.) NO other point has been raised. In view of the above, we find no ground to interfere.
The appeal is dismissed in limine.;
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