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1964 (4) TMI 22 - SC - Income TaxWhether there was evidence to come to the conclusion that the computation of the income of the assessee at ₹ 1,80,000 and remittance at ₹ 30,000 in the assessment for the year 1947-48 was right? Whether there was evidence for the conclusion that the sum of ₹ 1,07,461 was remitted into India and was assessable to tax in the assessment for the year 1948-49 ? Held that - With great repect, the High Court did not appreciate the findings of the Tribunal, recorded in the supplementary statement. The Tribunal had accepted the earlier findings of the court, recorded in the order dated July 31, 1958, but in spite of discarding the theory of benami on the material before it, it came to the conclusion that no other conclusion except that 87,500 dollars was the income of the assessee was possible. Once it is held, as we do hold, that there was material for the finding of the Tribunal that 87,500 dollars represented the income of the assessee, no other issue survives. In the result, the appeals are allowed and the question referred to the High Court answered in the affirmative. Appeal allowed.
Issues Involved:
1. Ownership and management of Thyagesan and Company. 2. Accuracy and validity of the income and profit calculations. 3. Legitimacy of the remittances and their sources. 4. The evidentiary value of the account books and other documents. 5. The High Court's jurisdiction and approach in reviewing the Tribunal's findings. Detailed Analysis: 1. Ownership and Management of Thyagesan and Company: The primary issue was whether the assessee or Ayyaru was the actual owner of Thyagesan and Company. The Tribunal concluded that the assessee was the owner, not Ayyaru, and that the credit entries in Ayyaru's folio were bogus, representing the assessee's share of profits. The High Court, however, found this conclusion manifestly wrong and directed the Tribunal to reassess the case without considering Ayyaru as a benamidar. 2. Accuracy and Validity of the Income and Profit Calculations: The Income-tax Officer initially estimated the assessee's income at Rs. 2,10,600 for the assessment year 1947-48 and Rs. 1,58,501 for 1948-49. The Assistant Commissioner reduced these figures to Rs. 1,80,000 and Rs. 1,07,461, respectively. The Tribunal supported the Assistant Commissioner's estimates, finding that the assessee's declared profits were not credible and that the true profits were concealed. 3. Legitimacy of the Remittances and Their Sources: The Tribunal and the Income-tax Officer questioned the legitimacy of the remittances, particularly the sum of $87,500 credited to Ayyaru's account. The Tribunal found that this amount was not a genuine loan but part of the assessee's accumulated income. The High Court, however, directed that this sum be excluded from the assessee's taxable income, which led to a reassessment of the available income for remittance. 4. Evidentiary Value of the Account Books and Other Documents: The Tribunal noted that the account books were not produced, and the entries in Ayyaru's folio were not supported by any credible documentation. The High Court observed that the Tribunal should not have relied on the theory that Ayyaru was a benamidar. However, the Tribunal maintained that the absence of account books indicated that the actual profits were much higher than declared. 5. The High Court's Jurisdiction and Approach in Reviewing the Tribunal's Findings: The High Court was criticized for overstepping its jurisdiction by acting as an appellate court and reassessing the evidence. The Supreme Court emphasized that the High Court should have only determined whether there was any material to support the Tribunal's findings, not whether the findings were justified. Conclusion: The Supreme Court concluded that there was ample material to support the Tribunal's finding that the assessee's income for the assessment year 1947-48 was Rs. 1,80,000 and that the remittance of Rs. 1,07,461 for 1948-49 was valid. The appeals were allowed, and the High Court's decision was overturned. The questions referred to the High Court were answered in the affirmative, confirming the Tribunal's findings. Appeals allowed with no costs.
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