C K GOPINATHAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE appellant is an assessee to income-tax on the files of the Assistant Commissioner of Income-tax, Circle I, Palakkad. THE assessment year concerned is 1989-90, the previous year ended on March 31, 1989. THE issue relates to the addition of a sum of Rs. 2,13,982 which was introduced in the accounts of the appellant. THE explanation of the appellant was that the said amount came from the partnership firm, C. K. G. Agencies, of which the appellant is the managing partner. THE Assessing Officer wanted the appellant to establish the same by producing the accounts of the firm. On verification of the accounts of the said firm, no corresponding debit entry was seen in the accounts. On that basis, the Assessing Officer proposed to make the addition of Rs. 2,13,982 as unaccounted income of the year and later completed the assessment by order dated March 27, 1991. THE assessee took up the matter in appeal before the Commissioner of Income-tax (Appeals), Calicut, who by his order dated December 31, 1992, set aside the assessment and remitted the matter back to the Assessing Officer to consider the question relating to the addition of Rs. 2,13,982 afresh. Pursuant to the said order, the Assessing Officer again completed the assessment by order dated September 12, 1994, and an addition of Rs. 2,13,982 was again made in the order. THE appellant again took up the matter in appeal before the Commissioner of Income-tax (Appeals), Kozhikode. THE appellate authority considered the contentions of the appellant, but dismissed the appeal with the following observations :

(2.) IN second appeal by the appellant, the Tribunal confirmed the orders of the authorities below and dismissed the appeal.

(3.) ADMITTEDLY, the appellant who is a dealer in cement had introduced the following five entries in his books :