COMMISSIONER OF INCOME TAX Vs. HABIBULLAH M

JUDGEMENT

(1.) UNDER Section 256(2) of the Income-tax Act, 1961, the Tribunal has stated the following question for our opinion :

(2.) THE assessee is an individual. THE assessment years concerned are 1967-68, 1968-69 and 1969-70. THE assessee was previously doing business in India but in 1961 he went to England. He obtained the citizenship of that country. However, towards the end of 1966 or the beginning of 1967, he came to India. During the previous years relevant to the aforesaid assessment years, he was in India. A raid was conducted at his premises and certain cash deposits standing in his name in certain banks were discovered. THE assessee's explanation was that they belonged to his son. His son also gave a letter of confirmation in that behalf. However, the Income-tax Officer did not accept the assessee's explanation and treated those deposits as the assessee's income and brought them to tax.