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TMI Blog2012 (6) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... n the basis of the assessee's records only is not correct because the documents that are produced include the books of the father - no question arises for determination and consideration of this appeal. - TAX APPEAL NO. 12 OF 2011 - - - Dated:- 21-2-2012 - S.C. DHARMADHIKARI AND U.V. BAKRE, JJ. Ashok Kumar and Rivonkar for the Appellant. Mrs. Asha Dessai for the Respondent. JUDGMENT 1. The appeal is directed against the order of the Income Tax Appellate Tribunal (I.T.A.T.) dated 15/02/2011 in Income Tax Appeal no.144(PNJ)/2008. 2. The learned counsel appearing on behalf of the appellant submits that the question of law framed in the memo of appeal would squarely arise in consideration and determination of this appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum of Rs.10 lakhs was kept by Mr. Shrivardhan Mohta, President of Bhasker Education Society, Kolkatta. 4. Before us the learned counsel appearing for the appellant, does not dispute the findings of I.T.A.T. in so far as the sum of Rs.10 lakhs is concerned. However, the argument is raised in relation to the sum stated to have been kept by the father of the assessee with his daughter-in-law. The statements, which are referred to by the Tribunal, include the answer to the specific question. The finding of the fact that is recorded by the tribunal on scrutiny of the entire factual material is that the sum of Rs. 25 lakhs were given for being kept in safe custody. However, Krishna Kumar Agrawal in answer to question no. 3 stated that money ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the presumption stands rebutted on the basis of documents, which were produced by the assessee. The argument that the presumption cannot be on the basis of the assessee's records only is not correct because the documents that are produced include the books of the father. In this circumstances, with totality of the evidence placed on record enabled the Tribunal to draw the conclusion that, what the Assessing Officer has done, is a correct exercise and his conclusions are warranted by law which are already confirmed in the earlier round of appeal which in our opinion is in extent of law and particularly in special provisions. This is nothing but an attempt to re-appreciation of evidence on the factual merit and the conclusion drawn in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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