| Case ID |
46410a58-ea78-49dc-98e1-5c6be7342992 |
| Body |
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| Case Number |
IT REFERENCE CASE No. 146 OF 1981 |
| Decision Date |
Apr 05, 1984 |
| Hearing Date |
|
| Decision |
The Rajasthan High Court dismissed the application under section 256(2) of the Income-tax Act, 1961, stating that the Tribunal's finding that Harish Chandra was not a benamidar of the assessee was a finding of fact. The court emphasized that the determination of whether a transaction was benami is a question of fact, and the Tribunal's decision was not perverse or contrary to the record. Hence, no question of law arose, and the application was dismissed with no order as to costs. |
| Summary |
In the case before the Rajasthan High Court, the key issue revolved around the concept of benami transactions as defined under the Income-tax Act, 1961. The Tribunal had previously ruled that the son of the assessee, Harish Chandra, could not be considered a benamidar for the income earned in question. The revenue's assertion was that the income should be added to the assessee's total income since it was purportedly earned by the son as a benamidar. However, the Tribunal found that the revenue failed to provide adequate evidence to substantiate this claim, particularly noting that the son was a major at the time of the transactions and had made advances from his own bank accounts. The High Court upheld the Tribunal's finding, reiterating that such determinations are factual in nature and do not give rise to legal questions. This case underscores the importance of evidence in tax assessments and the nuanced understanding of benami transactions, which can significantly impact tax liabilities. Key terms such as 'benami transaction', 'Income-tax Act', and 'finding of fact' are crucial for understanding the implications of this ruling in tax law. |
| Court |
Rajasthan High Court
|
| Entities Involved |
Not available
|
| Judges |
S.C. Agarwal,
S.N. Bhargava
|
| Lawyers |
R.N. Surolia,
S.M. Mohta
|
| Petitioners |
Commissioner of Income Tax
|
| Respondents |
Ram Niwas
|
| Citations |
1984 SLD 767,
(1984) 149 ITR 403
|
| Other Citations |
Sree Meenakshi Mills Ltd. v. CIT AIR 1957 SC 49
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
256
|