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TMI Blog2001 (2) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... idence of the transactions that was placed before the Tribunal and analysed by the Tribunal, different from that reached by the Tribunal. The Tribunal is the final fact-finding authority. The High Court may not enter into the realm of fact unless the party seeking a reference has successfully proposed a question that suggests that the conclusion reached by the Tribunal is perverse; in other words, that no person could reasonably have reached it upon the mate rial placed before him. There was no question before the High Court which suggested that the conclusion reached by the Tribunal was perverse. It was, therefore, not open to the High Court to go into the questions of fact. Upon that basis alone, the judgment and order under appeal must b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he affirmative and in favour of the Revenue. As is obvious, the question relates to section 10 of the said Act. The relevant portion thereof reads thus: "10. Property taken under any gift, whenever made, shall be deemed to pass on the donor's death to the extent that bona fide possession and enjoyment of it was not immediately assumed by the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise: Provided that the property shall not be deemed to pass by reason only that it was not, as from the date of the gift, exclusively retained as aforesaid, if by means of the surrender of the reserved benefit or otherwise, it is subsequently enjoyed to the entire exclusion of the do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he properties vested in the transferees. Possession and enjoyment had been taken by the transferees to the entire exclusion of the deceased, by contract or otherwise. The deceased had absolutely no benefit or enjoyment left in these transferred properties. It was upon this basis that the Tribunal held in favour of the appellant. The High Court, in the judgment under appeal, has traversed all the evidence that was placed before the Tribunal and, upon an assessment thereof, come to the contrary conclusion. Learned counsel for the appellant submitted that the High Court had considered what was a pure question of fact and it had reappraised the evidence to come to a conclusion thereon which was contrary to that reached by the Tribunal. Le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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