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of <h1>High Court affirms Tribunal's decision on undisclosed income, despite genuine loan claims. Limited role in reference jurisdiction.</h1> <h3>Dulichand Omprakash Versus Commissioner Of Income-Tax, West Bengal IV</h3> Dulichand Omprakash Versus Commissioner Of Income-Tax, West Bengal IV - [1978] 113 ITR 476 Issues:- Whether the conclusion by the Tribunal that a sum of Rs. 87,000 was the income of the assessee from undisclosed sources was perverse based on the evidence presented.Analysis:The High Court of Calcutta heard a reference under section 256(2) of the Income-tax Act, 1961, initiated by the assessee, M/s. Dulichand Omprakash. The primary issue was whether the Tribunal's conclusion that a cash credit of Rs. 87,000 in the name of Tarachand Surana was the income of the assessee from undisclosed sources was justified. The Income-tax Officer had added back this amount to the assessee's income due to suspicions regarding the genuineness of the loan. The Appellate Assistant Commissioner and the Income-tax Appellate Tribunal upheld this decision, emphasizing the lack of justification for the alleged loans from Tarachand Surana based on the cash position of the assessee. The Tribunal highlighted that Tarachand Surana was a name-lender and doubted the credit-worthiness of the loans. The Tribunal ultimately upheld the addition made by the Income-tax Officer, leading to the reference before the High Court.In the High Court, the assessee argued that the loans from Tarachand Surana were genuine based on his admission. However, the Court found that the Tribunal's decision was not perverse as it was possible to conclude, based on Tarachand Surana's evidence, that the loans were not genuine. Tarachand Surana's low income and admission of involvement in fictitious loans supported the Tribunal's decision. The Court clarified that while different conclusions could be drawn from the evidence, the Court's role in a reference jurisdiction was not to reevaluate facts. Therefore, the Court answered the reference question in the negative, in favor of the revenue, indicating that the Tribunal's decision was upheld. The judgment was delivered by Dipak Kumar Sen J., with agreement from J. DEB.
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