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TMI Blog2002 (8) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... d the Tribunal to refer the following common questions for the assessment years 1974-75 and 1975-76 for our opinion: "Whether, on the facts and in the circumstances of the case, the learned Tribunal was right in holding that the business in the name and style of Rawat Electricals at Ramganjmandi belonged to Shri Gulzarilal Rawat and not to Shri Suresh Kumar Rawat? Whether, on the facts and in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elieve this contention of the assessee. According to the Income-tax Officer, Suresh Kumar was a student and only 17 years of age, therefore, he could not run the business. The Income-tax Officer was further of the view that Suresh Kumar could not invest Rs. 8,000 in the business. The Income-tax Officer finally assessed that income from Rawat Electricals, Ramganjmandi, in the hands of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the business run in the name of Rawat Electricals, Ramganjmandi. The business of Rawat Electricals, Ramganjmandi, belongs to his son, Suresh Kumar, who invested Rs. 8,000 after disclosure of the same under the Voluntary Disclosure Scheme. It was also explained that Suresh Kumar though a student at that point of time, employed his maternal uncle, Shri Mukut Bihari Lal, who looks after the business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence, this court does not interfere in the finding of the Tribunal but the finding of the Tribunal as to whether Rawat Electricals, Ramganjmandi, is independent or benami property of Shri Gulzari Lal Rawat appears to be perverse. In such circumstances, this court should interfere. In our view with the above admitted facts, it cannot be said that the business of Rawat Electricals, Ramganjmandi, is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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