TaxTMI 
TaxTMI 
2016 (5) TMI 94
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....aring No. 689797, dated March 12, 2000, for Rs. 5 lakhs and 689798, dated March 7, 2000, for Rs. 10 lakhs issued from the bank account No. 5060 signed as "Sushna". The complainant also enclosed copies of four account payee cheques drawn on State Bank of India, Lohamandi, Agra, bearing No. 661375, dated February 8, 2000, for Rs. 2 lakhs, cheque No. 611376, dated February 10, 2000, for Rs. 2 lakhs, cheque No. 661378, dated February 11, 2000, for Rs. 1 lakh and cheque No. 661379, dated February 11, 2000, for Rs. 5,00,000 signed by "S Agarwal". The Assessing Officer, having reason to believe that income to the tune of Rs. 25 lakhs has escaped assessment. Then the Income-tax Officer-4(4) initiated proceedings under section 147 of the Income-tax Act against the assessee, Smt. Subhra Agarwal, for the assessment year 2000-01 and issued notice under section 148. The Assessing Officer completed the assessment on December 31, 2007, on a total income of Rs. 25,94,370 as against the returned income of Rs. 94,366. 4. The learned Commissioner of Income-tax-II, Agra, after examining the record of this assessment found that the order dated December 31, 2007, was erroneous in so far as prejudicia....
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....t the report furnished by Shri Raj Kumar Shrotiya was correct and the Assessing Officer believed the same. The Assessing Officer noted that the assessee operated the bank account No. 5060 with the State Bank of India in the fake name of Sushna and has credited Rs. 41,31,432 on different dates in this bank account during the financial year relevant to the assessment year under appeal. 7. The Assessing Officer noted that since the assessee has not furnished any explanation with regard to the credit of Rs. 41,31,432 in this bank account, therefore, these deposits made by the assessee are from undisclosed sources and the same is liable to be added under section 69/69A of the Income-tax Act. The theory of peak was rejected because the money has not been circulated by way of withdrawals and deposits of any business activities. 8. The Assessing Officer also considered the deposit in another bank account No. 6831 maintained with the State Bank of India, Lohamandi, Agra. Reference was also made to the account opening form of Canara Bank Account No. 16129 in the name of Sushna which has been operated and maintained by the assessee and the address given at the opening form as E-291, Kam....
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....e same are in English where is a question of comparison of the same signature to that of the signature of the assessee. It is not clarified why the Department has not referred the matter to the Government agency for obtaining the report of handwriting expert in this regard. It is also not explained why the private handwriting expert was engaged and who has authorised for the same on behalf of the Revenue- Department. The assessee on receipt of the report was examined by the Assessing Officer on oath, in which she has denied to have maintained any such bank account in question and also denied her signature on any cheque. She has also denied operating any bank account in the name of Sushna. The assessee also engaged two experts, namely, Shri O. P. Taneja and Roopak Kashyap, who have filed their reports on December 30, 2010 (paper book pages 221 and 197) which support the case of the assessee that the signature in question does not tally with the admitted signature of the assessee. These reports also suggest that the signature of the assessee in English were compared with the Hindi word "Sushna". Except these materials on record, the Assessing Officer has not brought any other materia....
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....ificate of the bank dated July 25, 2007 (paper book page 46) is filed in the paper book in which the branch manager of the State Bank of India, Kamla Nagar, Agra, has reported that account No. 5060 has no concern with the assessee, Smt. Subhra Agarwal. No other details were explained to the assessee because the account in question pertained to some other account holder. It may also be noted here that when the matter was taken for hearing by the learned Commissioner of Income-tax (Appeals), the assessee filed detailed submissions (paper book 1) in which the assessee at page 17 of the explanation contended that if the reports of the handwriting expert filed by the assessee are not relied upon, the assessee requested the learned Commissioner of Income-tax (Appeals) that the matter may be referred to the Government examiner to examine the handwriting in the matter to verify the correctness of the signature of the assessee. However, no steps have been taken by the learned Commissioner of Income-tax (Appeals) even to refer to the Government handwriting expert for obtaining the report in this regard whether the assessee has opened the bank account in question or not. 12. Considering th....