JUDGEMENT
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(1.) These are the Tax Cases , wherein the question involved is
only one, which is as under :
"Whether, on the facts and circumstances of the
case, the addition of Rs.23,59,461/ made up to
the Assessment Year 197172 as extra income of
the appellant was available with the appellant for
purposes of taxation under the Wealth Tax Act"?
(2.) The petitioner's application for reference of such question
submitted before the Tribunal under subsection(1) of Section 256 of
the Income Tax Act, 1961 was rejected by the Tribunal vide orders
dated 11
th
March, 1994, pertaining to the assessment years 198586 to
198889.
(3.) The facts of these matters are that the Income Tax Officer while
assessing the petitioner's income found that the total surplus available
with the petitioner by way of income being Rs.21,15,164/ and the
total wealth disclosed by the petitioner being Rs.97,25,000/, the
increase in the wealth is to the tune of Rs.76,09,836/ The said income
of Rs.76,09,836/ was taken to be income from undisclosed source. In
view of the above reasonings, the total available surplus available with
the petitioner during the assessment year 195354 to 197677 was
declared to be Rs.21,15,164/ based on the assessed income of the
petitioner for all the above three years.;
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