Ita/1517/2009 Of The Commissioner Of Income Tax Trichur v. Sri. Mohan J. Pallan, Trichur

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 ITA.No. 1517 of 2009() ---------------------- ITA.73/COCH/2004 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, THRISSUR. BY ADV. SRI.P.K.R.MENON,SR.COUNSEL, GOI(TAXES) SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): APPELLANT ------------------------ SHRI. MOHAN J.PALLAN,PALLAN HOUSE, KEERANKULANGARA,THRISSUR DISTRICT. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 27/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &C.K.ABDUL REHIM, JJ. ....................................................................I.T. Appeal No.1517 of 2009 ....................................................................Dated this the 27th day of August, 2009. JUDGMENT Ramachandran Nair, J. Questions raised in our view are pure questions of fact becausethe first appellate authority as well as the Tribunal accepted assessee'sexplanation with regard to various loan credits. In fact, on goingthrough the Tribunal's order we find that the assessee himself gavestatement at the time of search about the loan availed by him fromvarious parties. Later documents were produced to substantiate theclaim and even though there is deviation between oral statement of theassessee and documentary evidence later produced, the lowerauthorities accepted the documentary evidence and deleted theadditions made in the block assessment. We do not find any substantial question of law arising from the order of the Tribunal. Consequentlyappeal is dismissed. C.N.RAMACHANDRAN NAIRJudge pms C.K.ABDUL REHIM Judge