IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1749 OF 2007 Commissioner of Income Tax, Salem Appellant VS. Rekha Bai Respondent ORDER We have heard learned counsel for parties and perused impugned order dated 14th December,2005 passed by High Court of Judicature at Madras. High Court has dismissed appeal filed under Section 260A of Income Tax Act,1961 on ground that no substantial question of law arises. Learned counsel appearing for appellant submitted that full value of pronotes seized at time of survey should have been taken into account and there was no question of taking only 30% of face value as amount representing is disclosed income. From order of first Appellate Authority, we find that Assessing Officer had examined some of borrowers Signature Not Verified mentioned in pronotes and they have Digitally signed by ANITA MALHOTRA Date: 2017.03.23 17:12:02 IST Reason: categorically stated that amount advanced is 50% or less which explanation has been accepted by first 1 Appellate Authority and confirmed by Tribunal. Department has failed to bring on record any material to contrary except seized documents which, in our considered opinion, could not absolve Department or give any right to negate view taken by first Appellate Authority and Tribunal. So far as income divided among family members of respondent-assessee is concerned, we find that all of them were carrying on same business from same premises. Therefore, it is but natural that if any concealed income has been found at time of search and survey, it has to be distributed among all family members who were carrying on business. In this view of matter, impugned order of High Court does not call for any interference. appeal fails and is dismissed. There shall be no order as to costs. Pending application, if any, also stands disposed of. J. [R.K. AGRAWAL] J. [ABHAY MANOHAR SAPRE] New Delhi; March 21, 2017. 2 ITEM NO.103 COURT NO.10 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 1749/2007 C.I.T., SALEM Appellant(s) VERSUS REKHA BAI Respondent(s) Date : 21/03/2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Appellant(s) Mr. Rupesh Kumar,Adv. Mr. Dhruv Sheoran,Adv. For Mrs. Anil Katiyar,Adv. For Respondent(s) Mr. Pretesh Kapur,Adv. Ms. Radha Rangaswamy,Adv. Ms. Ranjeeta Rohatgi,Adv. UPON hearing counsel Court made following ORDER appeal is dismissed in terms of signed order. (Anita Malhotra) (Chander Bala) Court Master Court Master (Signed order is placed on file.) 3 Commissioner of Income-tax, Salem v. Rekha Bai