The Commissioner Of Income Tax vs Sri.P.R.Jagadeesh on 7 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 381 of 2009()


1. THE COMMISSIONER OF INCOME TAX, COCHIN.
                      ...  Petitioner

                        Vs



1. SRI.P.R.JAGADEESH,
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH, SC, FOR INCOME TAX

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :07/09/2009

 O R D E R
                   C.N.RAMACHANDRAN NAIR &
                              V.K.MOHANAN, JJ.
              ....................................................................
                        I.T. Appeal No.381 of 2009
              ....................................................................
              Dated this the 7th day of September, 2009.

                                     JUDGMENT

Ramachandran Nair, J.

We do not find any substantial question of law arising from the

order of the Tribunal because Tribunal cancelled the unexplained

credits added in the assessment for the reason that the addition is just

based on the relationship between the assessee and the deposit holders

who are sisters, nieces, nephews etc. The Assessing Officer has not

chosen to issue notice to the persons who maintained the credits with

the Bank and without giving any opportunity to them to explain the

credits, the Assessing Officer made the addition in assessee’s

assessment only because of their relationship with the assessee. We do

2

not find any ground to deviate from the view taken by the Tribunal.

Consequently appeal is dismissed.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
pms