D.b. Income Tax Appeal v. Shri Vijay Kumar Bhola

D.B. INCOME TAX APPEAL NO.143/2006CIT, Bikaner Vs. Shri Vijay Kumar Bhola Date : 14.02.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIAHON'BLE MR. JUSTICE CHATRA RAM JAT Mr. K.K. Bissa for the appellant. ________ Having heard learned counsel for theappellant we are of the opinion that no substantialquestion of law arises for consideration in this appeal. The Tribunal on the basis of materialavailable on record found that the old note book seizedduring the search and survey of the assessee's premiseswhich took place on 3.1.2002 does not pertain toassessee's business since he came in charge of businessand, therefore, on that premises no additions can bemade in the income of the assessee for assessment year2002-03. The alleged incriminating material was in theform of a note book which was not subjected to scrutinyat the time of survey. But during the course ofassessment, it was put to the assessee and the assessee was categoric in his statement that the said note bookdoes not belong to the period since when he has been inthe charge of his business. It is neither in the handwriting of the assessee nor in the hand writing of anymember of his family or employee. There was nothingon record to rebut this statement of the assessee. TheTribunal, therefore, was of the opinion that when theassessee has surrendered his income from undisclosedsource in respect of whatever assets found in hispossession went in excess of what were disclosed inregular books of account at the time the search andsurvey and there is no foundation for making furtheradditions on the basis of old diary which cannot berelated to the assessee's business or to any assets foundin possession of the assessee. No addition can be madeon that behalf. We are of the opinion that these are allfindings of fact based on appreciation of evidence anddoes not give rise to any question of law. Therefore, the appeal is dismissed in limine. , J. [ RAJESH BALIA ], J. babulal/