JASBIR SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS appeal has been preferred by the assessee under s. 260A of IT Act, 1961 (for short, "the Act") against the order following substantial questions of law : "(i) Whether on the facts and circumstances, evidences on record and established principles of law the Tribunal was justified in confirming the orders of the authorities below in finalizing the assessment under s. 144 of the IT Act, 1961 without conforming to the proviso to s. 144(1) of the IT Act, 1961 ? (ii) Whether on the facts and circumstances, evidences on record and established principles of law the Tribunal was justified in confirming the orders of the authorities below in treating the deposits in banks out of various known/declared sources being that of agricultural income, interest income and advance from sale of agricultural land duly evidenced by various evidences, so that so the orders of the Tribunal are perverse ? (iii) Whether on the facts, circumstances and evidence on record and established principles of law the Tribunal was justified in confirming the orders of the authorities below in treating the declared income of son who being of age of majority and duly assessed individually as unexplained income of the appellant from unknown sources which leads to double taxation being unwarranted ? (iv) Whether the order of the Tribunal is perverse and against the provisions of law -

(2.) THE assessee filed return in pursuance of notice under s. 142(1) declaring nil income, apart from non -taxable income from agriculture. The AO found investments in banks and deposits in the name of the son of the assessee and treating the said amount as unexplained income, additions were made under s. 144. The CIT(A) and the Tribunal upheld the assessment.

(3.) WE have heard learned counsel for the appellant.