1979 (10) TMI 65

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....ate Tribunal, Allahabad Bench, has referred the following questions for the opinion of this court : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal had any material to sustain any income from undisclosed source ? 2. Whether the assessee having been dead before the commencement of proceedings , on the facts of the case the legal heir had failed to discharge the o....

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....apital explained that his grandmother, Smt. Rampa Devi, had given cash and ornaments by means of a will made in favour of his father and that, on her death, in the estate duty proceedings, the principal value of her estate was determined at Rs. 1,49,000 which included Rs. 73,000 cash in hand and silver coins of the value of Rs. 13,907. The ITO did not accept the assessee's contention and treated t....

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....s. 7,00,000 which in those days was a very big amount. They thus accepted the assessee's explanation with regard to jewellery and silver ornaments in toto, but as for cash, accepted it to the extent of Rs. 35,000 only and treated the balance of Rs. 38,000 as unexplained investment in the hands of the deceased, Bate Krishna. The assessment was thus confirmed at Rs. 38,000 as income from undisclosed....

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....itigation which had gone up to the Privy Council and in those old days the family was worth Rs. 7,00,000. On the basis of this the Tribunal accepted the assessee's explanation in regard to jewellery and silver ornaments and also in regard to cash to the extent of Rs. 35,000. It has also been seen that in the estate of late Smt. Rampa Devi there was Rs. 73,000 cash in hand. We fail to understand as....