9911796707
TMI Blog1992 (7) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case, the Tribunal had sufficient material evidence to take the affidavits of the three persons on their face value ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was in possession of sufficient evidence to prove the genuineness of silver from the three persons ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct to delete the addition of Rs. 2,06,284 ? " We have heard learned counsel for the parties. It is evident from the frame of questions that the controversy before the Tribunal was whether the addition of Rs. 2,06,284 could be sustained in view of the evidence and the material that were placed before it. The dispute relates to the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the affidavits. However, on consideration of the remand report, when the matter came to be heard again by the Commissioner of Income-tax (Appeals ), he dismissed the appeal. In the second appeal, the Income-tax Appellate Tribunal reversed the order of the appellate authority and accepted the appeal filed by the assessee, by deleting the entire addition of Rs. 2,06,234. The Tribunal dealt at length with the affidavits referred to earlier and also with the status as well as the family background of these persons who had filed their affidavits. The Tribunal remarked that the assessee had filed an overall tally of silver for the whole year and no discrepancy was found in it except the discrepancy which was the subject-matter of the dispute i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n record., The findings of fact may be reviewed if there is no evidence to support them or if they are perverse. The third question, namely, whether the Tribunal was legally correct in deleting the addition of Rs. 2,06,284 is only consequential to the first two questions proposed in the application. The Tribunal having believed the evidence and material filed by the assessee that was the end of the matter and we cannot say that the conclusion of the Tribunal is perverse or arbitrary in the sense that no person duly instructed in law could have reached such a conclusion. Moreover, no such question has been raised in this application, nor was any such question raised in the application under section 256(1) before the Income-tax Appellate Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
