2002 (10) TMI 51

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....tnership firm, C.K.G. Agencies, of which the appellant is the managing partner. The Assessing Officer wanted the appellant to establish the same by producing the accounts of the firm. On verification of the accounts of the said firm, no corresponding debit entry was seen in the accounts. On that basis, the Assessing Officer proposed to make the addition of Rs. 2,13,982 as unaccounted income of the year and later completed the assessment by order dated March 27, 1991. The assessee took up the matter in appeal before the Commissioner of Income-tax (Appeals), Calicut, who by his order dated December 31, 1992, set aside the assessment and remitted the matter back to the Assessing Officer to consider the question relating to the addition of Rs. ....

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.... from the firm, C.K.G. Agencies, Tirur, of which the appellant is the managing partner. Counsel further submits that the said amounts were not debited in the books of account of the firm especially due to an inadvertent clerical mistake. Counsel also submits that the appellant had clearly stated that the amounts credited in his books of account came from the partnership firm and the assessing authoriy had no case that the firm did not have sufficient funds to make such payments. Counsel further submits that the Assessing Officer was not justified in disbelieving the explanation offered by the appellant. He further submits that the appellate authority has also committed a mistake by not accepting the explanation offered by the appellant. Cou....

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....d submitted that the Tribunal had clearly found that the appellant had not established the sources of the credit made in his books of account and that the findings entered by the Tribunal on this count are findings of fact from which no substantial question of law much less any question of law arises for consideration by this court in this appeal. Admittedly, the appellant who is a dealer in cement had introduced the following five entries in his books:                      Rs. 29-4-1988     50,000 11-5-1998   1,10,000 24-5-1988     70,000 31-5-1988     45,970 31-5-1....

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....uring the year for his day-to-day business requirements. The explanation offered by the appellant as already noted was that the accountant of the firm had left the service and the firm had to engage a new accountant to write the accounts and that he had committed clerical mistakes. The Tribunal has clearly found that this cannot be treated as a clerical mistake. The Tribunal has considered the question as to whether the appellant had produced proof as to why the amounts were credited on various dates and held that the appellant had not discharged the burden. The Tribunal has also noted that if the appellant had the primary documents showing the debits of the amounts taken by the appellant from the firm, the day book, etc., it was for him to....