IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 ITA.No. 1153 of 2009() ---------------------- ITA.280/COCH/2005 of I.T.A.TRIBUNAL,COCHIN BENCH .................... APPELLANT/APPELLANT --------------------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): RESPONDENT ------------------------- M/S.KALLARACKAL MAHARANI JEWELLERS, GANDHI SQUARE, PERUMBAVOOR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- I.T.A. No.1153 OF 2009 -------------------------------------------- Dated this the 13th day of August, 2009 JUDGMENT Ramachandran Nair,J. The question raised pertains to addition on account of un- explained source for purchasing stock. However, on going through the orders of the lower authorities we find that the two partners who brought in cash in their capital account were carrying on individual business in gold and therefore withdrawal was from their personal account from those busisness concerns. Since assessee's explanation is accepted by the two appellate authorities, we do not want to interfere with the finding of fact entered by them. Appeal is dismissed as no substantial question of law arises from the order of the Tribunal. (C.N.RAMACHANDRAN NAIR) Judge. (C. K. ABDUL REHIM) Judge. kk 2