AI Drafter 
TaxTMI 
TaxTMI 
2003 (9) TMI 12
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.... justified in sustaining addition on account of alleged low withdrawal/gift/opening capital of the appellant/inclusion of income of wife, on the basis of statement recorded during the course of search, and without considering the entire material on the record? (iii) Whether taking of any 'alternative' ground/plea by the appellant should be treated as confession/admission by the appellant in respect of the main ground/plea? (iv) Whether the appellant can be said to have forgone/withdrawn the grievances contended in the main ground/plea, simply because of taking an alternative ground/plea? (v) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in correctly applying the test of human probabilities w....
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.... by complete document placed on the record by the appellant? (xiii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in sustaining addition in respect of capital and income of wife relying on the sole statement of the appellant and his wife irrespective of the fact that the wife is being separately assessed and income so added is duly recorded in the books of account of the wife? (xiv) Whether the statement recorded during the course of search can be the sole basis of sustaining the addition particularly considering the evidentiary value of these statements recorded in the environment of fear, mental torture, harassment, inconvenience, pressure and other adverse circumstances?" The search and s....
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....tal amount in the books, the assessee has already shown in his business and once entry is made in the regular books of the assessee that cannot be treated as concealed income. He further submits that household expenses have not been shown in the block period as the income was below the taxable limit. So far as a gift from the father is concerned, the father has gifted this amount by cheque and is genuine, therefore, no addition should be made and cannot be assessed as income from undisclosed sources under section 158BB of the Act. Mrs. Parinitoo Jain submits that there is material on record the cashbook and ledger of the assessee which was found in the search at the premises of M/s. Rajan Products. Notice under section 158BD was given fo....
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....; 18,000 48,000 1987-88 1988-89 30,000 18,000 48,000 1988-89 1989-90 30,000 18,000 48,000 1989-90 1990-91 30,000 18,000 48,000 1990-91 1991-92 36,000 ....
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....---------------------------------------------------------- The statement to this effect has been recorded and Mrs. Gayatri Devi has stated in her statement that she used to receive Rs. 4,000 to Rs. 6,000 or Rs. 7,000 per month from her husband to meet the household expenses. Considering her statement and also the expenses, the Tribunal has sustained the addition on account of undisclosed household expenses to the tune of Rs. 1,000 per month for the assessment years 1986-87 to 1989-90 and Rs. 1,500 per month for the assessment years 1990-91 to 1993-94. Considering the facts on record, we see no reason to interfere in the finding of the Tribunal on this account and no material has been shown that this finding is perverse. The other addi....
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.... also in the hands of the assessee. The last addition pertains to Rs. 30,000. The assessee has shown the gift from his father. It is true that Rs. 30,000 has been paid by cheque by his father, but there is no occasion for the father to gift this amount to the son. This amount is also rightly treated as undisclosed income of the assessee, which has been received in the name of gift from his father. Consequently, the addition made by the Assessing Officer and affirmed by the Tribunal is confirmed. Mr. Jhanwar, learned counsel for the assessee submits that in view of the provisions of section 158BB the income should be computed in accordance with the provisions of this Act and the income exempted to that extent should not be taxed. Th....