1992 (1) TMI 177

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....e assessment was set aside by the learned Dy. Commissioner(A), Ajmer and the ITO was asked to reframe the assessment on the basis of the case of the mother Smt. Anila Ranka. The statement of the assessee was recorded on 26th Sept., 1989. It was stated that he was a regular student of Shramjeevi College, Ajmer and did B.Com. in 1987 and worked as LDC in Ajmer University since January, 1988. He also stated that prior to it, he used to give tuition. In 1984-85, he was stated to have received a gift of Rs. 20.000 in cash from his uncle who was a teacher in Mahu which amount was advanced to other parties on interest. He stated that he had deposited Rs. 55,000 with M/s Arun Enterprises and acquired an accumulated capital of Rs. 90,000 to Rs. 95,0....

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....were those noticed by the Supreme Court in the case of Lalji Haridas vs. ITO (1961) 43 ITR 387 (SC), namely, if the income-tax authority felt that certain income had been received during the relevant assessment year, but it was not clear as to who had received that income and prima facie it appeared to them that the income may have been received either by A or B or by both together, they could determine the question as to who was responsible to pay tax by initiating assessment proceedings both against A and B. In the present case, this was not the situation arising. The ITO had examined the assessee and found that the assessee had sources of the gifts received by him and evidence of income derived from tuitions. The assessee had also given ....

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.... the person appear at page 3 of the assessment order, according to which Shri Bhagchand Pokharna, Shri Kanchan Singh Chandalia, Ratanlal Bumb, Parasmal Kumbhat and Roopchand Golecha had been advanced Rs. 10,000, Rs. 10,000, Rs. 8,500, Rs. 7,000 and Rs. 8,000 on 2nd May, 1984, 10th Aug., 1983, 5th March, 1986, 10th July, 1985 and 18th Nov., 1984 respectively, whose affidavits were also filed. She also produced Shri Bhagchand Pokharna. She had advanced Rs. 80,000 to M/s Arun Enterprises on 14th Dec., 1987. The ITO while accepting that the assessee did have income from knitting and embroidery estimated the income at Rs. 25,000. He similarly made the assessment on a protective basis saying that substantive assessment was to be framed in the ass....