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TMI Blog2010 (6) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... in cash from agriculture, which had been paid to the partners of M/s. Jayanth Service Station which came to be detected in the course of survey without there being any evidence to support the claim when the assessee was taking contrary stands in this regard and consequently recorded a perverse finding ? (ii) Whether the sum of Rs. 4,82,506 was correctly treated as non-agricultural income by the Assessing Officer which came to be set aside by the appellate authorities without there being any evidence to support the claim of earning agricultural income ?" 2. The facts of the case in brief are, the assessee is an undivided Hindu family and partner in M/s. Jayanth Service Station, Chikkaballapur, authorised dealers in petroleum products for M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Rs. 30 lakhs. Being aggrieved by the order of the first appellate authority, the Revenue has filed an appeal before the Income-tax Appellate Tribunal, Bangalore Bench-B, Bangalore, ("Tribunal" for short) in I. T. A. No. 1016/Bang/2007. The said matter came up for consideration before the Tribunal. The Tribunal, in turn, after going through the orders passed by the authorities below, has dismissed the appeal and confirmed the order passed by the first appellate authority. Being aggrieved by the order passed by the Tribunal, the Revenue herein has presented this appeal, raising the aforesaid substantial questions of law along with other reliefs. 3. We have heard the learned counsel for the appellants Sri K. V. Aravind at considerable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Assessing Officer on the basis of assumptions and presumptions has observed that, since there are 30 members in the family, they did not have any independent income and the agricultural income should be reduced by the drawings of the family. The said observation made by the Assessing Officer has been rejected by the first appellate authority at threshold after critical evaluation of the oral and documentary evidence and the same has been confirmed by the Tribunal. Both authorities after analysing the material available on file have recorded the concurrent finding of fact against the Revenue. In view of the concurrent finding of fact recorded by the first appellate authority and the Tribunal against the Revenue, we do not find any subs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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