LAWS(GAU)-2006-7-43

P.K. SETHI Vs. COMMISSIONER OF INCOME TAX

Decided On July 26, 2006
P.K. Sethi Appellant
V/S
COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

(1.) HEARD Mr. D.K. Mishra, learned senior advocate appearing for the appellant, and Mr. U. Bhuyan, learned counsel for the IT Department. Tribunal, Guwahati, in ITA No. 476/Gau/1993.

(2.) FOR the asst. yr. 1989 -90, the assessee Mohanlal Sethi of Paona Bazar, Imphal (since deceased and at present represented by a legal heir Pramod Kumar Sethi), filed a return before the ITO showing the total income of Rs. 69,408. The assessee had also shown investment in land and building amounting to Rs. 12,18,750. The assessee disclosed certain amounts as loan from family members and relations and the assessing authority holding, inter alia, that out of the said loan a sum of Rs. 8,35,000 on account of loan is not genuine and accordingly it was added as income of the assessee.

(3.) THE said assessment order was challenged before the CIT(A) in Appeal No. Imp -14/91 -92 and the appellate authority allowed the appeal and directed deletion of the said amount.