BRIJMOHAN AGRAWAL V. INCOME TAX OFFICER

TAXC/2/2009

AI Insights

The case involves Briijbhoan Agrawal, the appellant, who contested the addition of undisclosed income following a survey at his business premises. The survey revealed excess cash and stock, which the appellant initially surrendered as undisclosed income. However, he later retracted this surrender, claiming the cash belonged to his wife and mother, who were also taxpayers. The Assessing Officer rejected this explanation, leading to the appellant's appeal to the CIT (Appeals) and subsequently to the Tribunal, both of which upheld the initial assessment. The Tribunal found the appellant's retraction and explanation implausible, given the circumstances and the lack of corroborative evidence.

• Counselvise Citation: [2010] 140 COUNSELVISE.COM (IT) 690495 (HC-CHHATTISGARH)
• Appeal Type: Others
• Pronouncement Date: 04-01-2010
• Assessment Year: misc
• Other Referred Cases: Durga Prasad More (82 ITR), Sumati Dayal (249 ITR), The Commissioner of Income Tax, Raipur Versus Shri Satyanshwar Agrawal, Raipur
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: RAJEEV SHRIVASTAVA; V RAO
• Assessee Lawyers: RAJEEV DUBEY; NEELABH DUBEY
• Keywords: Assessment; Excess cash; Income Tax; Surrender of income; Survey; Undisclosed income
• Section: 143(3); 143(1); 69 A; 234 B; 234-D; 244(1A); 133-A; 260-A

Judgement Text

"^° Tax Case No.2 of 2009 APPELLANT (Assessee) BriiBiohan Agrawal Versus RESPONDENT: (Revenue) Income Tax Officer. Raigarh. Sd/- Dhirendra Mishra Judge 3