System India Castings Vs. Commissioner of Income-tax - Court Judgment

Excerpt:
- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. a.k. mathur, c.j.1. this is a reference under section 256(1) of the income-tax act, 1961, at the instance of the assessee, and the following question of law has been referred by the tribunal for the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal having confirmed the addition of rs. 7,51,740 agreeing to the finding of the assessing officer that no iron scrap was purchased from jabalpur party but such scrap was received from undisclosed sources, was right in law in not allowing any deduction towards cost of such scrap used in the manufacturing process ?'2. the assessee is a partnership firm comprising two partners, viz., smt premila jhamb and shri satish jhamb. the assessee-firm is engaged in the business of manufacturing various casting items from iron scrap and its factory is located at tedesara village in rajnandgaon district. during the course of assessment proceedings, the assessing officer noted purchases of 167.053 m.ts. of iron scrap for a total price of rs. 7,51,740 from sagar enterprises, jabalpur. the assessing officer, after examining the material and explanation submitted in this regard by the assessee, found that the said material was not purchased from sagar enterprises, jabalpur, and the payments made to the jabalpur party was actually received by. the assessee itself. accordingly, the assessing officer made an addition of rs. 7,51,740 to the disclosed income of the assessee towards investment in purchase of iron scrap from undisclosed sources. the assessing officer also disallowed the transportation charges of rs. 42,650 paid to the truck owners for bringing such iron scrap to the factory of the assessee because purchases of iron scrap from jabalpur party were not accepted by him as genuine.3. aggrieved by the order of the assessing officer, the assessee preferred an appeal before the commissioner of income-tax (appeals), raipur, and the commissioner of income-tax (appeals) dismissed the appeal of the assessee. then the matter was taken up before the tribunal and the tribunal also affirmed the same. hence, this reference has been made at the instance of the assessee and the aforesaid question of law has been referred by the tribunal for answer of this court.4. we have heard learned counsel for the parties and perused the record. it is purely a question of fact. the party has tried to justify the purchasefrom the party at jabalpur and also claimed transportation charges, but on verification, it is found that no such purchase was made from the jabalpur party. it appears that the whole transaction was sham. therefore, the said addition of rs. 7,51,749 and rs. 42,650 has been made in the income of the assessee. we are of the opinion that the tribunal has rightly approached the matter and that there is no question of law involved. hence, we answer the aforesaid question in favour of the revenue and against the assessee.