- (1.) THESE two appeals are directed against the order of Tribunal dt. 1lth June, 2002 in the case of appellant for asst. yrs. 1993 -94 and 1995 -96.
(2.) APPEAL No. 83 of 2000 relates to the asst. yr. 1993 -94 and appeal No. 81 of 2000 relates to the asst. yr. 1995 -96. In these two appeals, following substantial questions have been framed respectively : Whether, in the facts and circumstances, the addition of Rs. 1,76,400 in the assessment of assessee claimed to have been received from her father over a number of years and supported by materials placed by her on protective basis is not sustainable by rejecting such claim on conjectures and surmises without holding any enquiry into correctness of such materials.Appeal No. 81 of 2002 (i) Whether, in the facts and circumstances of the case, rejection of assessee's claim to having received gift of Rs. 20,000 from her father, who is a Lecturer, during the previous year relevant to assessment year is founded on conjectures and surmises without making any effort to verify the correctness of the material placed before the AO? (ii) Whether, in the facts and circumstances, the addition of Rs. 27,572 on account of value of 78.16 gms. of gold as income from undisclosed sources is founded on any material? (iii) Whether assessment made against the assessee by making addition of Rs. 47,512 on protective basis is sustainable at all in law? As it appears from the tenor of questions framed that they primarily related to the consideration whether the finding recorded by the Tribunal affirming the finding recorded by the lower authorities is founded on any material and has not been vitiated on any account so as to lose its binding character, which primarily relates to making of protective assessment in the hands of assessee and not on substantive basis.
(3.) THE circumstances in which these appeals have arisen are that a search and seizure operation under Section 132(1) of the IT Act, 1961 was carried on at the residential premises of Sh. Hafij Mohd., father -in -law of the assessee on 28th Sept., 1994. As a result of aforesaid search and seizure, a notice under Section 148 of the IT Act for asst. yrs. 1993 -94 to 1996 -97 were issued in the case of assessee and the cases were taken up under scrutiny. In response thereto, returns were submitted by the assessee on 26th Dec, 1997 for the asst. yr. 1993 -94. The assessee declared income of Rs. 21,000 as income from, interest which was below taxable limit. For the asst. yr. 1995 -96, she submitted return for a sum of Rs. 30,000 which was also below taxable limit.;