COMMISSIONER OF INCOME TAX Vs. A D KOHLI

JUDGEMENT

(1.) AGAINST the order made by the Tribunal (Delhi Bench "C", Delhi) in ITA No. 5645/Del/1997 for the asst. yr. 1992-93, the Revenue has preferred this appeal as order of penalty has been cancelled by CIT(A) and such cancellation has been confirmed by the Tribunal.

(2.) WE are not required to examine the facts in detail, but it is apparent that the bank has given the pass book to the assessee which has not reflected the correct figures in respect of two entries only. Under the Banker's Books Evidence Act, the pass book is a documentary evidence to be acted upon. In the instant case, a copy of the ledger is also produced to show that two entries in the pass book were incorrect. The assessee has rendered the explanation and paid the tax. The CIT(A) has accepted the explanation that the assessee did not engage any accountant and was in the habit of filing his own return of income and the mistake occurred inadvertently. The explanation has been considered to be bona fide by the Tribunal also. Learned counsel for the Revenue has relied upon the judgment of Supreme Court in K.P. Madhusudhanan vs. CIT (2001) 169 CTR (SC) 489 : (2001) 251 ITR 99 (SC) and submitted that the Tribunal has seriously erred in not allowing the appeal preferred by the Revenue.