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TMI Blog2024 (5) TMI 1100X X X X Extracts X X X X X X X X Extracts X X X X ..... to support the case of the assessee, who was her brother-in-law. The contention of appellant that she should have been called and her statement should have been recorded is found to be without any basis. Once there is no denial to the receipt, which was found during search and the same is genuine, it would be assumed that the property was handed over after the entire payment was made. There is a demand draft receipt and the remaining amount has been presumed to be paid by the appellant. Such a course adopted by the ITAT cannot be in any manner to be perverse. We are not impressed by appellant for his placing documents to show that subsequently the assessee has also paid to sister-in-law the amount of Rs. 5,00,000/- in different installments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lars of the handwritten receipts of Jasraj Pal Ghuman of having received Rs. 5,00,000/- in five installments i.e. Rs. 2,05,000/-, Rs. 45,000/-, Rs. 80,000/-, Rs. 1,00,000/- and Rs. 70,000/- in various years from 2003 to 2006. Copies of the bank statements have been also placed in order to confirm the submissions made by the appellant with regard to the fact that the amount of Rs. 5,00,000/- was still due to be paid and the Income Tax authorities had wrongfully added the said amount Rs. 5,00,000/- as undisclosed income alleging that an Rs. 5,00,000/- had already been paid. 3. Learned counsel for the appellant submits that a certificate was also furnished by Smt. Jasraj Pal Ghuman stating that the amount of Rs. 5,00,000/- was still due to her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Smt. Jasraj Pal Ghuman, whereby she had confirmed the balance amount of Rs. 5,00,000/- out of total amount of Rs. 8,69,666/- has not still been received by her. However, the ITAT vide its order dated 15.09.2006 did not agree with the findings of the CIT (A) on the issue of addition of Rs. 5,00,000/- and held that in terms of the documents on record, receipt duly signed by Smt. Jasraj Pal Ghuman, it reached to the conclusion that the amount of Rs. 5,00,000/- had already been paid but the appellant had not disclosed the source of the said amount of Rs. 5,00,000/-. It was, therefore, held to be correctly added in the account. 8. It is an admitted position that memorandum of oral family settlement was arrived at on 31.12.1991 which stipulated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t such certificate could not be relied upon as it was apparent that she was trying to support the case of the assessee, who was her brother-in-law. The contention of learned counsel for the appellant that she should have been called and her statement should have been recorded is found to be without any basis. Once there is no denial to the receipt, which was found during search and the same is genuine, it would be assumed that the property was handed over after the entire payment was made. There is a demand draft receipt of Rs. 1,84,666/- and the remaining amount has been presumed to be paid by the appellant. Such a course adopted by the ITAT cannot be in any manner to be perverse. 10. We are not impressed by learned counsel for the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt overlooked the cardinal principle that it is the Tribunal which is the final fact-finding authority. A decision on fact of the Tribunal can be gone into by the High Court only if a question has been referred to it which says that the finding of the Tribunal on facts is perverse, in the sense that it is such as could not reasonably have been arrived at on the material placed before the Tribunal. In this case, there was no such question before the High Court. Unless and until a finding of act reached by the Tribunal is canvassed before the High Court in the manner set out above, the High Court is obliged to proceed upon the findings of fact reached by the Tribunal and to give an answer in law to the question of law that is before it. 12. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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