The Commissioner Of Income Tax vs Shri. Mohan J.Pallan on 27 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 1517 of 2009()


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

                        Vs



1. SHRI. MOHAN J.PALLAN,PALLAN HOUSE,
                       ...       Respondent

                For Petitioner  :SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES)

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :27/08/2009

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                             C.K.ABDUL REHIM, JJ.
                ....................................................................
                         I.T. Appeal No.1517 of 2009
                ....................................................................
                 Dated this the 27th day of August, 2009.

                                       JUDGMENT

Ramachandran Nair, J.

Questions raised in our view are pure questions of fact because

the first appellate authority as well as the Tribunal accepted assessee’s

explanation with regard to various loan credits. In fact, on going

through the Tribunal’s order we find that the assessee himself gave

statement at the time of search about the loan availed by him from

various parties. Later documents were produced to substantiate the

claim and even though there is deviation between oral statement of the

assessee and documentary evidence later produced, the lower

authorities accepted the documentary evidence and deleted the

additions made in the block assessment. We do not find any substantial

2

question of law arising from the order of the Tribunal. Consequently

appeal is dismissed.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
pms