Commissioner of Income Tax vs Jaya Stores

Subbulakshmy, J.—At the instance of the revenue, the following questions of law have been referred to us:

Whether on the facts and in the of the case, the Tribunal was right in law in holding that the provisions of section

69D of the Income Act, 1961, did not apply in respect of the borrowals of the ''hundi'' loans which were not made through account payee cheques and in confirming the orders of the Commissioner (Appeals) in this regard?

Whether, the Appellate Tribunal''s view that the documents executed by the assessee in favour of his creditors should not be treated as'' ''hundi'' within the meaning of section 69D of the Income Tax Act, 1961, is maintainable in law ?

Similar questions have been considered by this Court in Commissioner of Income Tax Vs. Paranjothi Salt Co., and this Court has held against the revenue. The finding of the Tribunal is that the documents executed by the assessee in favour of the creditors are pronotes, and not hundies is a question of fact, and it does not warrant any interference.

Following the above decision and for the reasons, stated therein, we answer these questions in favour of the assessee and against the revenue.

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