9911796707
TMI Blog1995 (10) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... lie in a narrow compass. The assessees are the partners of the firm bearing the name and style of Kalekhan Mohd. Hanif, Bhopal. At the time of wealth-tax assessment for 1977-78, the Assessing Officer observed that there was a provision of huge amount in respect of the liabilities under various heads in the account of the firm. He, therefore, made an addition to the extent of the assessee's share in respect of liabilities in the case of the firm. The Wealth-tax Officer also ordered levy of penalty under section 18(1)(c) of the Act. This was cancelled by the Commissioner of Wealth-tax (Appeals). The Income-tax Appellate Tribunal dismissed the appeals of the Department holding that the assessees had disclosed full facts and particulars befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence on record, reached the conclusion that it could not be treated as concealment of wealth. Whether wealth is concealed or not is primarily a question of fact. The Tribunal evaluated the evidence placed on record and concluded that there was no concealment of wealth. This finding is not shown to be perverse or erroneous. In CIT v. Ashoka Marketing Ltd. [1976] 103 ITR 543 (SC) and in CIT v. Kotrika Venkataswamy and Sons [1971] 79 ITR 499 (SC), it is held that when the Tribunal reached the conclusion that there was no case of concealment, then such a finding is one of fact and did not give rise to any question of law to be referred and answered. We have perused the material placed on record of these cases and find that the Tribunal r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal shall state the case. It is thus luculent that this court can accept the prayer only when it is satisfied that the case involves any question of law arising out of the relevant order and when it is not satisfied with the correctness of the decision of the Appellate Tribunal, as noted above. We find that the order of the Tribunal is based on appreciation of facts and thus rests on a finding of fact giving rise to no question of law and we are satisfied with the correctness of the decision of the Appellate Tribunal. This being so, these reference applications are manifestly acarpous and should, therefore, deserve the fate of dismissal. In the circumstances, we decline to pass the order in terms of section 27(3) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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