2003 (9) TMI 40

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....n 147 of the Act. A notice was also served on the assessee under section 142(1) of the Act. The annexure to that notice informed the assessee that information had been received that the assessee had received payment of different sums relating to different years from the Animal Husbandry Department of the Government of Bihar during the relevant accounting years and calling upon the assessee to furnish the relevant information based on the queries made in that communication. Essentially, the assessee admitted that it had received those amounts from the Animal Husbandry Department, but raised a contention that 80 to 90 per cent. of the amounts thus received had to be paid by way of bribe to the officials of the Animal Husbandry Department, Min....

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....the Assessing Officer. The assessee appealed before the Income-tax Appellate Tribunal. The Tribunal noticed that even in the information furnished, the assessee had admitted that he had received the payment from the Animal Husbandry Department against bills which were apparently fake and without making any supply. It also noticed that the assessee had failed to substantiate its claim that it had paid amounts to the officers of the Animal Husbandry Department and others from out of the amounts admittedly received by the assessee. Thus, agreeing with the assessing authority and the Commissioner (Appeals) that in the circumstances, the entire amount was liable to be taxed at the hands of the assessee, the Tribunal affirmed the decision of the ....

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....nvestigation (CBI) and that it indicated the modus operandi, are not sufficient to enable the assessee to claim that out of the income received by it, a substantial portion should be excluded on the basis that it is a business expenditure or that it had not actually come to the credit of the assessee. On these findings of fact by the authorities which was not attempted to be challenged before us with reference to any specific material, it is clear that no substantial question of law arises for decision in these appeals. The substantial question of law (A) sought to be raised in the memorandum of appeal clearly stands answered against the assessee on the findings of fact rendered by the authorities and by the Tribunal. Once that question is ....