JOSE KURUVINAKUNNEL Vs. THE COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE appeals are filed by the assessee challenging the order of the Income Tax Appellate Tribunal, Cochin Bench in I.T.A. Nos. 429, 431, 432 & 430 of 2005. Since issues raised are common, these appeals were heard together and are disposed of by this common judgment treating ITA 149/14 as the leading case.

(2.) IN these appeals, the relevant assessment years are 1996 -1997 to 2000 -2001, and in I.T.A.149/14 the assessee is challenging the additions made on three counts. First one is deposit of Rs. 3,00,000/ - in the bank account of one Sri. Francis Joseph, the brother -in -law of the assessee. The second one is the unexplained credit of Rs. 5,60,000/ - in the capital account of the firm Hotel Mayura of which the assessee is a partner and the third one is relating to a loan of Rs. 4,00,000/ - taken by the assessee from one Mr. George Joseph.

(3.) LEARNED counsel for the assessee contended before us that when the Department proceeded to initiate action on the basis of the statement of Sri. Francis Joseph, Department should have made available Sri. Francis Joseph for cross examination and that it was entirely upto the Department to prove the allegations against him. Counsel also referred us to Annexure G, an order of assessment in the name of Sri. Francis Joseph, where according to him the very same amount was assessed in the name of Sri. Francis Joseph himself. Therefore, according to the counsel, the addition of this Rs. 3,00,000/ - to his income cannot be sustained. This contention now raised by the counsel for the assessee was refuted by the learned counsel for the Revenue and according to him, the addition made was perfectly legal.