1999 (8) TMI 54

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....rt "the Act"), the Revenue seeks a mandamus to the Income-tax Appellate Tribunal to refer the following question to this court for opinion : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in deleting addition of Rs. 11,74,000 on the basis of affidavits furnished by the directors which are self-serving documents?" Having heard Mr. ....

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....e amount(s) was transferred from the imprest account to the bank account or in the cash book. Rejecting the explanation furnished by the assessee, the Assessing Officer treated the amount so deposited in the bank and the cash book as the income of the assessee from undisclosed sources. The said addition was confirmed by the Commissioner of Income-tax (Appeals). In further appeal by the assessee be....

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....ordingly held that the Revenue had failed to prove that the amounts withdrawn by the directors by debiting their respective imprest accounts were spent for some other purposes and the same were not available with them for re-depositing with the bank. The aforesaid findings recorded by the Tribunal, based on the material available before it are pure findings of fact, which are not sought to be c....