2000 (3) TMI 36

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.... questions set out at page 5 of the statement of case for our opinion : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the onus is on the Revenue to establish that the assessee was the owner of the valuables and books of account found and seized from the business-cum-residential premises of the assessee ? 2. Whether, on the f....

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.... gold jewellery register and also seized excise books were examined. The Income-tax Officer has also examined the regular books of account, showing the transaction in gold and jewellery and noticed the Inspector's report on perusal of the book No. 1, book No. 2 and book No. 3 for the B. S. 1380, B. S. 1381 and B. S. 1381. These transactions were not entered in the regular sets of accounts, nor the....

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..... In the second appeal before the Tribunal, the Tribunal has noticed these facts and in the end has taken the view that any additions in both the years are not maintainable. None appeared for the assessee, though the matter was listed several times. Heard learned counsel for the Revenue. The undisputed facts are that there was a search by the Gold Control authorities at the residence of Sara....

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.... of income-tax, the income belonged to a person who earns it and not to the person in whose name the business is carried on. When there is a finding that during the relevant period corresponding to the assessment years, the assessee, Sri Sarat Chandra Das, father of Nikunja Behari Das, was bedridden and his son, i.e., Sri Nikunja Behari Das, was in absolute control of the business and was actually....