2011 (3) TMI 1015

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....year 1999-2000.   2. The following substantial questions of law have been claimed for determination of this Court:   "(i) Whether on the facts and in the circumstances of the case, Hon'ble ITAT has erred in holding that the provisions of Section 69 are not attracted in this case? (ii) Whether the averment made in an FIR lodged with the Police can be regarded as a tangible and relevant evidence for holding for the purposes of Section 69 that the assessee made the investment/advanced the amount when the assessee had failed to show that the averment made in the FIR was wrong or erroneous.?   3. The facts, in brief, necessary for adjudication as narrated in the appeal, are that the assessee lodged an FIR dated 29.4.19....

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....m the allegations made in the FIR that was got registered by the assessee, and once on investigation of the matter, the facts mentioned in the FIR were not substantiated, the addition so made was unjustified. 5. The Tribunal dismissed the appeal carried by the Revenue vide the order under appeal and this is how the present appeal has been filed.   6. No one chose to put in appearance on behalf of the respondentassessee despite service.   7. The point that arises for determination in this appeal is, whether the amount of Rs. 33,00,000/- in respect of which the assessee had lodged an F.I.R. with the averments that he had paid that amount to one Parmod Khosla son of H.R. Khosla, resident of House No. 148, Sector 7, Ambala Ci....

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....id to one Shri Parmod Khosla. However, this FIR could not be supported by any evidence. Therefore, no action could be taken by the police. Subsequently, even the court has closed the proceedings against Shri Parmod Khosla. There is no other evidence to suggest that the FIR filed by the assessee was true and correct. In the light of evidence on record to suggest that the FIR was not based on facts much less by any evidence, provisions of Section 69 are not attracted. The CIT (A) was, therefore, in our view justified in deleting the addition of Rs.33,00,000/-"   11. A perusal of the observations of the Tribunal reproduced above shows that the Tribunal had adverted to the issue solely on the ground that an FIR which had been lodged by ....