GREENVIEW RESTAURANT Vs. ASST COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY these appeals, the appellant has assailed the judgment and order dated March 11, 2002, passed by the Income-tax Appellate Tribunal, Gauhati Bench, Guwahati (hereinafter referred as the "Tribunal"), disposing of I. T. A. Nos. 201/Gauhati of 1996 and 334/Gauhati of 1997 filed by the Revenue. As the questions of fact and law were similar both the appeals were heard analogously and we propose to dispose of the same by this common judgment and order.

(2.) WE have heard Dr. A. K. Saraf, senior advocate, assisted by Mr. D. Baruah, advocate, for the appellant, and Mr. K. P. Sharma, senior advocate, for the Revenue.

(3.) THIS time the Revenue being aggrieved approached the Tribunal with the aforementioned two appeals. I. T. A. No 201/Gauhati of 1996 relates to the assessment year 1992-93 and I. T. A. No. 334/Gauhati of 1997 to the assessment year 1993-94. The learned Tribunal by the consolidated order under challenge allowed the appeals. While doing so, it held that the appellant's partner had made his statements suo motu under Section 132(4) of the Act and that in the facts and circumstances of the case it was satisfied that neither there was any coercion nor any inducement or threat at the time of making the disclosure under the aforesaid provision of law. It further noticed that no statements of the witnesses in whose presence the disclosures were recorded had been produced in support of the allegation of threat, inducement or coercion and further there was a considerable time lag between the search and the letter dated December 24, 1993, retracting the statements. The orders of the Commissioner of Income-tax (Appeals), Guwahati, were set aside and the Tribunal directed that the orders of the Assessing Officer adding Rs. 4,00,000 to the taxable income of the appellant for both the assessment years be restored.