1999 (3) TMI 5

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....NT The judgment of the court was delivered by S. P. BHARUCHA J.---In these appeals filed by the assessee, which is a Hindu undivided family, we are concerned with the assessment years 1959-60 to 1965-66 and 1969-70 and 1970-71. The question that we are required to consider reads thus (see [1984] 147 ITR 87, 92 (Mad)) : "Whether, on the facts and in the circumstances of the case, the remun....

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....-tax Appellate Tribunal is the final fact-finding authority and, as it has itself noticed in the judgment under challenge, the Tribunal had held that the remuneration and commission received by the karta of the Hindu undivided family were earned by him on account of his personal qualifications and exertions and not on account of the investment of the family funds in the company and, therefore, cou....

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.... experience on the part of the assessee." We cannot agree. Having analysed the law, as it did correctly, the High Court should have taken note of the finding recorded by the Tribunal and noticed by it earlier, namely, that the remuneration and commission that were earned by the karta were earned by him on account of his personal qualifications and exertions and not on account of the investment ....