Ita/38/2004 Of Sri.p.p.koya Alias Mohammed Koya v. Dy.commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 ITA.No. 38 of 2004() -------------------- ITA.545/COCH/1998 of I.T.A.TRIBUNAL,COCHIN BENCH,COCHIN .................... APPELLANT/RESPONDENT ----------------------------------------------------- SRI.P.P.KOYA ALIAS MOHAMMED KOYA, REPRESENTED BY CHAIRMAN & MANAGING DIRECT P.O.KOYA ALIAS MOHAMMED KOYA, KOYENCO BUILDING, WEST HILL, CALICUT 673 005. BY ADV. SRI.P.BALACHANDRAN (SR.) SMT.PREETHA S.NAIR RESPONDENTS: APPELLANT -------------------------------------- 1. DEPUTY COMMISSIONER OF INCOME TAX, INVESTIGATION CIRCLE I, CALICUT. 2. THE COMMISSIONER OF INCOME TAX, CALICUT. BY ADV. SRI. P.K.R. MENON (SENIOR) & SRI.GEORGE K. GEORGE, SC FOR IT THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR &V.K. MOHANAN, JJ. --------------------------------------------I.T.A. No. 38 OF 2004 -------------------------------------------- Dated this the 24th day of June, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and standing counsel for therespondents. In the course of assessment the assessing officer nsoticedcredit entries in the appellant's bank account to the tune of Rs. 15 lakhs.When the appellant was asked to explain the source, the appellantstated that amounts are received as gift through NRI cheques anddemand drafts. When the assessing officer demanded confirmation ofthe same from the donors, appellant furnished address of some peopleabroad. However, appellant has not produced local address of any ofthe so-called donors. Even though first appellate authority acceptedappellant's contention, the Tribunal reversed the same on the groundthat without producing local address, appellant cannot be said to havedischarged the burden cast on the appellant. We are in agreement withthe Tribunal's view because without local address, the Officer will not be able to verify the genuineness of the transaction. Even thoughappellant had opportunity to furnish local address of the donors at threelevels, we notice that still local address of the donors was not furnishedby the appellant. Therefore we feel the Tribunal rightly came to theconclusion that gifts do not stand proved and consequently additionsjustified. We do not think any substantial question of law arises fromthe order of the Tribunal. Consequently appeal is dismissed. (C.N.RAMACHANDRAN NAIR)Judge. (V. K. MOHANAN) Judge. kk