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PETITIONER: HOMI JEHANGIR GHEESTA
Vs.
RESPONDENT: THE COMMISSIONER OF INCOME-TAX, BOMBAY
DATE OF JUDGMENT: 22/09/1960
BENCH: DAS, S.K. BENCH: DAS, S.K. HIDAYATULLAH, M. SHAH, J.C.
CITATION: 1961 AIR 1135 1961 SCR (1) 770 CITATOR INFO : RF 1986 SC1849 (10)
ACT: Income tax-Assessment-Income from undisclosed source-Refusal by Appellate Tribunal to state a case-Summary refusal by High Court to direct a reference-Question of law, when can be said to arise from the order of the Tribunal-Indian Income-tax Act, 1922 (XI of 1922), s. 66(2).
HEADNOTE: The appellant encashed high denomination currency notes of the value of Rs. 87,5oo and was called upon by the Incometax Officer to submit a return for the relevant year. The appellant made three statements, discrepant in material particulars, at different stages as to how he received the amount. The Income-tax Officer held that the true nature of the receipt had not been disclosed, treated it as income from an undisclosed source and assessed him accordingly. The Assistant Commissioner of Income-tax upheld that order on appeal. On a further appeal, the Appellate Tribunal reviewed the facts, considered the discrepancies in the appellant’s case and affirmed the order of assessment. An application for a reference to the High Court having been made under s. 66 of the Indian Income-tax Act, th...