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2004 PTD 2152

COMMISSIONER OF INCOME-TAX vs ABHISHEK CORPORATION , . (

Citation2004 PTD 2152
CourtSupreme Court of India
Case No.Civil Appeal No,8176 of 2001 I.T.A. No, 272 of 1999
Date2001-11-29
Judge(s)Arijit Pasayat, S. P. Bharucha, Shivraj V. Patil
ResultAppeal allowed

1. ' Delay condoned. Leave granted.

2. ' The High Court declined to call for a reference, inter alia, of the following question: "Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal, having held that the assessee has received unaccounted receipts, was justified in law in holding that the Assessing Officer has to discharge the onus in respect of on-money by showing that the assessee has invested Rs, 1,58,59,400 out of such receipts whereas the claim of the assessee for extra expenditure was found to be incorrect?"

3. ' It did so on an appreciation of evidence and based on certain judgments of that High Court.

4. ' We have seen the relevant portions of the order of the Income-tax Appellate Tribunal from which the question has arisen. We think that the question, does require the consideration of the High Court. We do not, however, express any view on the merits of the case on either side.

5. ' The civil appeal is allowed. The order under challenge is set aside, insofar as it relates to Question No,2 before the High Court. The said question (quoted above) shall stand referred to the High Court for its consideration and the Tribunal shall draw up an appropriate statement of case.

6. ' No order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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