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TMI Blog1994 (8) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... and (2) Whether, on the facts and in the circumstances of the case, the order of the Tribunal has been vitiated on account of taking irrelevant and inadmissible matters under consideration and ignoring the relevant materials and the findings are perverse ? " The facts leading to the above reference are the following : The petitioner/assessee, a registered firm, was deriving income from grocery business. There was a search of the godown of the assessee by the B. D. O., Dehri-on-Sone, on May 3, 1972. During that search, the B. D. O. found 250 bags of sugar in the godown of the assessee. It was admitted on behalf of the assessee that out of those 250 bags, 100 bags belonged to it and the balance of 150 bags belonged to one B.N. Jain of 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not been lifted by the said party. Hence, on my request, the S.K.G. intimated the S.B.I.D. Nagar to hand over the R.R. to me. (Sd.) Bishwanath Pd. Jain." On the very same date (i.e., March 18, 1976), one Shri Durga Prasad, partner of the assessee-firm also gave a statement before the Income-tax Officer and in his statement he has categorically stated that he was not even distantly related to B.N. Jain who was supposed to have kept 150 bags of sugar in the godown. Thereafter, the Income-tax Officer contacted S.K.G. Sugar Mills relating to the sugar bags in question. A letter was issued by the sugar mills on March 1, 1977, stating that B.N. Jain has taken delivery of 150 bags of sugar on April 26, 1973. It was also stated that a sum of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how suddenly the goods sent to Gobardhan Das Sagarmal and remained unretired were taken by Shri B.N. Jain at Dehrion-Sone. (2) The partner of the assessee-firm, Shri Durga Prasad, has asserted that the partners of the firm were not even distantly related with Shri B.N. Jain. Then the question is how Shri B.N. Jain had business relation with the assessee and he kept 150 bags in their godown. (3) It had been stated that Shri B.N. Jain was doing business. No other instance of transaction of business of Shri B.N. Jain had been brought on the record. (4) The certificate from S.K.G. Sugar Ltd. dated March 1, 1977, had been produced in which it has been stated that the payment of Rs. 96,031.40 was received from Shri B.N. Jain of Shree Ram Ke ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sum of Rs. 15,000 was paid by him out of his bank account. (11) It was not proved that who on behalf of Shri B.N. Jain took delivery of the goods from the Railways. (12) Further, it has been learnt that when the goods were released by the order of the Supreme Court, the security of a truck was furnished which was registered in Bihar. " In the light of the above circumstances, the Tribunal held that the 150 bags of sugar in question belonged to the assessee and not to the said B.N. Jain. Consequently, the Tribunal reversed the finding of the appellate authority on this issue. Aggrieved by the order of the Tribunal, the petitioner moved the Tribunal under section 256(1) of the Act for reference to this court, which was turned down b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence jurisdiction. We are satisfied that in this case there is overwhelming evidence to sustain the conclusion reached by the Tribunal. To avoid repetition, we would observe that we accept the reasoning given by the Tribunal as correct for disbelieving the statement of B.N. Jain and consequently the case of the assessee/ petitioner. We are unable to accept the contention of learned senior counsel appearing for the assessee that the findings of the Tribunal are perverse and not supported by evidence on record. This is so in the light of the admitted facts that 150 bags of sugar were found in the godown belonging to the assessee and the statement given on behalf of the assessee that those bags belonged to B.N. Jain was not accepted by the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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