2005 (3) TMI 59

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.... 1983-84. Briefly stated the facts giving rise to the present reference are as follows: The respondent has been assessed to income-tax in the status of an individual. On January 25, 1983, a search was conducted at his residential premises. During the search certain books of account were found, out of which two books were maintained in the name of Munna Lal, the father of the respondent. Another two books were maintained in the name of Smt. Chanda Devi, deceased mother of the respondent. The books revealed that the business was carried out in the name of Munna Lal and Smt. Chanda Devi. The respondent denied the ownership of these books which plea was not accepted by the assessing authority, who had worked out the investment made through th....

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.... to hold that the books found in the names of Shri Munna Lal and Smt. Chanda Devi belong to the appellant. In view of the above, if any action is required to be taken for the assessment of amount in dispute, Shri Munna Lal is the person concerned. So far as the appellant is concerned, there is neither any evidence nor any reason to assess the amount in his hands. The addition of Rs. 1,36,911 is accordingly directed to be deleted. (Relief of Rs. 1,36,911)" Feeling aggrieved the Revenue preferred appeal before the Tribunal. The Tribunal has dismissed the appeal with the following observations: "7. After giving due consideration to the rival submissions, we find ample force in what has been contended on behalf of the assessee. The learned Co....