COMMISSIONER OF INCOME TAX Vs. NIKUNJA BEHARI DAS

JUDGEMENT

(1.) On a reference application, the Tribunal has referred the following questions set out at page 5 of the statement of case for our opinion :

(2.) In appeal before the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax (Appeals) found that the seized books which are seized by the Gold Control authorities belonged to the legal representative of the assessee, i. e., Nikunja Behari Das, and the books and jewellery in the possession of the legal representative of the assessee was treated as belonging to the assessee and the income was estimated on the basis of the transactions found on the material seized and the investment made in the jewellery. The Commissioner of Income-tax (Appeals) has finally dismissed the appeal.

(3.) In the second appeal before the Tribunal, the Tribunal has noticed these facts and in the end has taken the view that any additions in both the years are not maintainable.