Ita/1786/2009 Of The Commissioner Of Income Tax, Kozhikoe v. Mohammed Ashraf, Kondotty

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 ITA.No. 1786 of 2009() ---------------------- ITA.277/COCH/2008 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT ----------------------------- THE COMMISSIONER OF INCOME TAX, CALICUT. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- SRI.K.MOHAMMED ASHRAF, ILLAMKANDY HOUSE KURUPPATH, KONDOTTY, MALAPPURAM DISTRICT. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, ALONG WITH ITA 1787 & 1788 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ----------------------------------------------------- I. T. A. Nos. 1786, 1787 & 1788 OF 2009 ------------------------------------------------------ Dated this the 26th day of November, 2009 JUDGMENT Ramachandran Nair, J. Heard standing counsel appearing for the appellant-department.After hearing standing counsel and after going through Tribunal's orderwe do not find that the questions raised are substantial questions of lawbecause cash transactions in the bank were found to be representingbusiness transactions of the assessee and therefore addition was madeunder Section 68 of the I.T. Act which is a peak-credit in the bankaccount for each year. The disputed issue was against the assessmentof commission simultaneously on the ground that business was done bythe assessee on behalf of others. The two lower authorities found thatafter finding that business was done by the assessee, and after makingaddition of peak-credit representing undisclosed income, there is noscope for estimating any amount towards commission received by theassessee. We are of the view that the lower authorities rightly foundthat there is conflicting stand taken by the department in the assessment of business income and along with it estimating commission received.We therefore dismiss the appeals. (C.N.RAMACHANDRAN NAIR)Judge. (V.K. MOHANAN) Judge. kk