SAKTI RANI ROY Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The questions, in this reference under Section 256(2) of the I.T. Act, 1961, are as follows:

(2.) Whether, on the facts and in the circumstances of the case, there is material to sustain the finding of the Tribunal that the amount of Rs, 1,00,000 was income of the assessee from undisclosed sources?"

(3.) It was contended in the first appeal on her behalf that this sum was saved by her from her earnings in the earlier years and the assessments made in those earlier years were binding on the tax officer. The AAC has allowed the appeal by holding that the earlier assessments cannot be disturbed, but it has been set aside by the Tribunal on appeal filed by the department. It has been held by the Tribunal that the assessment orders of the earlier years, have no evidentiary value inasmach as those assessments were made practically on the same day the returns were filed by the assessee in the same manner as was done in the cases of all the female members of the same family who had also shown deposits of large sums of money in the names of fictitious firms and the same thing has been done by the assessee. The Tribunal has also rejected the explanations offered by the assessee.