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TMI Blog2008 (9) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... e to any question of law, much less a substantial question of law. Addition on withdrawal in cash - No dispute that the amount having been withdrawn in cash from the Bank Account of the Assessee by Shri Manubhai Bhavsar who has stated that the same was deposited with M/s. J.B. Upadhyay. In this factual scenario the Tribunal was justified in coming to the conclusion that there was no question of treating the deposit in question as unexplained and no addition was warranted. In the result, in absence of any legal infirmity in the impugned order of Tribunal the Appeal is dismissed as none of the questions, as proposed or otherwise, can be termed to be questions of law, much less substantial questions of law. - MR.D.A.MEHTA MR. BAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Year 2002-03. When the matter was carried further before the Tribunal the Appeal of the assessee was allowed by the Tribunal for the reasons recorded in paragraph Nos. 31 and 31.1 of the impugned order dated 4.5.2007. 5 In relation to the second question the Assessing Officer made addition of ₹ 30 lacs which was deposited with M/s.J.B.Upadhyay, with whom the assessee had financial transactions. In relation to this the Appellant has stated as under : [E] The next issue pertains to addition of ₹ 30,00,000/-, being withdrawal in cash on 29.3.2003. A perusal of the bank statement of the assessee shows that a sum of ₹ 30,00,000/- had been withdrawn by bearer cheque on 29.3.2003. Examination of the instrument showed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner (Appeals). 8 In relation to the first question it is an admitted fact that there was no evidence to disbelieve or disprove the fact that sufficient cash was available in the cash book on the two dates for making the deposits and there was no reason found by the Tribunal for disbelieving the Books of Account maintained by the Assessee as narrated in paragraph No.31.1 of the impugned order. 9 These are pure findings of fact recorded after appreciation of evidence and do not give rise to any question of law, much less a substantial question of law. 10 In so far as the second addition of ₹ 30 lacs is concerned the findings of the Tribunal read as under: 32. Coming to the addition of ₹ 30 lacs, we are of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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