Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961-s. 260A-Assessee purchasing land for Rs 4.10 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Income Tax Act, 1961 - s. 260A - Assessee purchasing land for Rs 4.10 lakhs - Notes on loose sheets recovered in the course of raid from assessee - Department on basis of statement of seller though contrary that sale was for a higher price and making assessment on basis thereof - CIT and Tribunal holding in favour of assessee - Appeal under s. 260A raising substantial questions of law pertaining to actual sale price of the property, implications of statements and counter statements made by seller, reliance on notes on loose sheets recovered - Dismissed by High Court - Interference with - Held: Order of High Court suffers from no infirmity - Questions so raised were all questions of fact and not substantial question of law.Judgment/Order - Writing of - Quoting from an order of some authority particularly a specialized one - Propriety of - Held: Cannot per-se be faulted as this procedure can often help in making for brevity and precision, but any 'borrowed words' used in a judgment must be acknowledged as a courtesy to the true author.Respondent-assessee purchased certain land. The sale deed showed Rs 4.10 lakhs as sale price. During search of certain premises, the Department found certain notes on loose sheets allegedly in the hands of the respondent and the respondent could not give any explanation for the same. The Department recorded the statement of the seller that he had received Rs 34.85 lakhs as sale consideration. Thereafter, seller gave a contradictory statement and then again reverted to the earlier statement. The Assessing Officer took Rs 34.85 lakhs as sale consideration for assessment and made an addition of Rs.3,75,005 as undisclosed income. Both the Commissioner of Income Tax and the Tribunal held in favour of assessee. Appellant-Revenue filed appeal under section 260A of the Income Tax Act 1961 raising substantial questions of law that whether the revenue was justified in fixing higher sale consideration amount than what was declared; that when the assessee did not give any explanation to the notings found and revenue was able to corroborate the same with the statement of seller for determination of actual sale value, whether the lower authority was justified in interfering; and when consistent sworn were taken into consideration along with evidence found at the time of search, would all be liable to be rejected on basis of one statement in between the contradicting the earlier ones. High Court dismissed the appeal on the basis that no substantial question of law arose for consideration. Hence the present appeal. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2007 INSC 920 |
Petitioner | Commissioner Of Income Tax, Salem |
Respondent | P.v. Kalyanasundaram |
SCR | [2007] 9 S.C.R. 949 |
Judgement Date | 2007-09-14 |
Case Number | 4262 |
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