1URAN BHANAND CO HYD vs. THE ASST.COMM OF INCOME TAX HYD
What did the High Court hold?
The Tribunal upheld the finding of the CIT(A) that Shri Ashok Singh, not the assessee, was the real proprietor of M/s. Maruti Traders. The High Court found no illegality in this factual finding.
What were the facts?
During search and seizure operations in January 1992, the Income Tax Department identified M/s. Maruti Traders, which operated a rice mill owned by the assessee's group. The Income Tax Officer treated the assessee as the proprietor of M/s. Maruti Traders and made additions to his income.
What were the issues?
Whether the Tribunal was justified in holding that Shri Ashok Singh was the real owner of M/s. Maruti Traders and that there was no evidence to prove the assessee's ownership.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
HIGH COURT OF CHHATT!SGARH. BILASPUR CGRAM: DB: HON’BLE SHRI YATINDRA SINGH, C.J. 8- HON’BLE SHR! SUNIL KUMAR SINHA, J I.T.A.No. 9i2000 APPELLANT Commissioner of “income Tax, Raipur J; 1i L: H h Versus Shri Hanuman Pr£sad Agrawal RESPONDENT ‘ APPEAL UNDER SECTION 260 -A OF THE INCOME TAX ACT T Appearance: Shri Anand Dadariya, counsel for the Appellant. ORDER ii (4m January, 2013) T H 1. Search and seizure operations were claimed out by the income Tax Department (the Department) at Mathuram Aérawai Group (the Group) and survey operations were also conducted in various business premises of i1 the Group in January, 1992. The Group owned 2 Rice Mills at Railigarh, namely— Hanuman ll Department was informed that the Mill was run by M/s. Maruti Traders. l ‘ l 3. Shri Hanuman Prasad Agrawal (the As ‘ essee) is member of the Group. He was treated to be the proprietor of Ml‘ . Maruti Traders and the assessment proceedings were started in respect jiieisu‘lent Year 1992- ‘r i u . 2. Rice Mill and LG. Rice Mill. During the search ag’nd seizure operation, the 1993 against him. 1 b f
The income Tax CfFicer (the 1T0) by his order dated 31 3.1995: Made additions of certain ammmts in the insame of the Assessee and calculated the tax ciue an the same; !ssuecl notices for pena£ty prmeed’mgs unéer $ection 2?? M2) (c) of the Aet. *— The Assessee filed an appeai before the Commissioner of mcome Tax (Appeals) (the CIT-A). It was allowed by thelClT~A by his order dated 15.1 1 .1995 on the ground that the Assessee was; not the proprietor of Mfs. Marutl Traders, but one Shrl Ashok Slngh was thellproprletor of the same. 5. ll n‘ 6. TheDepartment filed an appeal beforelrhe lncome Tax Appellate Tribunal, Jabalpur Bench, Jabalpur (the Trlbunal). lt was dismissed on 28.7.1999. Hence, the present appeal by the Etepajrtment. 7. We have heard counsel for the Appellant. No one has, put up appearance on benatt of the Respondents. 8. This appeat was actmttted on 23.3.2009 on the foliowtng substantial question of law : ‘Whether on the tacts anti in the cheerhetanoes of the case, the learned Tribunal was legally justlt'tett tn holoting that Shirt Ashok Singh is the reai owner ot‘ Mist Matut‘r Traders and there is no evidence to prove that the Assessee is owner of Mis, Mamti Traders?” in its order, the CIT-A has mentioned 9 different reasons on the basis of which, the finding has been recorded that} $hri Ashok $ingh was the proprietor of Mia. Mareti ‘i‘raders. This tincting l‘Enas been upheld by the Tribunal. 9. is. Apart from other documents, in ail the ‘ nk documents as weil as in the sales tax returns, name of $hri Ashokqfingh is reconcied as the proprietor ot‘ M/s. Maruti Traders. in View of the same, it oannot’ be said that
there was ne evidence to suppoa the finding that SShri Ashak $‘mgh was t propréetor ef M15. Mamti ?rade;s. 11. ;»»—fr_r__._..——--——-—— ..‘‘. I V} Sun‘il-Kumar Singh he The appea! is dead by §mding cf faci. Thaw is m §iiegamy m the f‘mding of fact. it Es éismissedh Sd/_ Judge I ‘ :; sw- Chief Jus’ticqwx \ /
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