9911796707
TMI Blog1996 (2) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at by the Appellate Tribunal are not arbitrary, capricious, inconsistent with the evidence and not borne out of the facts on record ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in restoring the addition of Rs. 15,000 made by the Income-tax Officer and expressing the opinion that the order of the Appellate Assistant Commissioner is wholly erroneous and that the applicant is not an agriculturist ? " Briefly stated, the facts of the case are that the applicant was assessed. She estimated the income from her agricultural activities at Rs. 48,983. The Income-tax Officer thought that this estimate was very excessive. He, therefore, demanded the particulars. Thereafter, the Income-tax Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alani (HUF) v. CIT [1989] 177 ITR 259 (MP) and CIT v. K. Sreedharan [1993] 201 ITR 1010 (Ker). Shri Vyas, on the other hand, submitted that the applicant has already been given benefit of the amount other than the sum of Rs. 15,000. According to him, the order is based on an appreciation of the entire material and the conclusion is one of fact. He, therefore, submitted that there is no referable question of law. We find that the Tribunal held that the alleged buffaloes, trees, etc., were with the assessee's mother-in-law even earlier. The Tribunal concluded as under : " This apart, I find that in her capital account, she has shown nominal withdrawals of about Rs. 3,000 to meet her household expenses, whereas she had made an investment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary facts and features were taken into account and that the conclusion reached is one of fact. No perversity is visible. The finding of fact does not give rise to any question of law. In CIT v. Ashoka Marketing Ltd. [1976] 103 ITR 543 (SC) and CIT v. Kotrika Venkataswamy and Sons [1971] 79 ITR 499 (SC), it is held that the finding of fact, not shown to be perverse or perishable, does not give rise to any question of law. The assessee suffering an adverse order at the hands of the Tribunal, persisted in chasing the question. She, therefore, did not give up the pursuit. " Men will do the rational thing ", said Lord Keynes, " but, only after exploring all other alternatives. " The assessee filed this application but on appreciation and ana ..... X X X X Extracts X X X X X X X X Extracts X X X X
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