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1966 Supreme(Pat) 32

H.SINGH, H.MAHAPATRA
Surajmal Champalal – Appellant
Versus
Commissioner Of Income Tax – Respondent


Judgment

1. The ITAT, Patna, has forwarded a statement of the case, as directed by this court, under section 66(2) of the Income-tax Act, relating to the assessment year 1949-50. The assessee had filed a return of his income as a Hindu undivided family, showing an income of Rs. 1,901. While examining the accounts of the assessee, the Income-tax Officer found the introduction of two items of capital, Rs. 51,000 on the 12th of October, 1948, when the assessees business and cash book commenced, and Rs. 20,000 on a subsequent date. The assessee was asked to explain these items and he said that Rs. 51,000 was a gift from his father and Rs. 20,000 was a deposit by the wife of Jhumarmal, a separated brother of the assessee. The Income-tax Officer was not satisfied with this explanation. He further found that there were despatches of jute consignments on five days in February, 1948, and also in July and August of that year, but these despatches were not shown in the assessees accounts. The assessee was also asked to explain about that but the Income-tax Officer did not feel satisfied with whatever explanation was offered in that respect. In the result, the assessing officer held: "From the





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