1997 (11) TMI 78

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....assessee was a partner in two firms, namely, Janta Ice & Cold Storage, Moradabad, and Swantantra Grih Nirman Rastriya Udyog, Moradabad. In the asst. yr. 1971-72 two additions of Rs. 61,500 and Rs. 60,000 were made to the income of the assessee as income from undisclosed sources, respectively, under the heads - (i) agricultural account, and (ii) Smt. Mukhtary Begum. Likewise in the asst. yr. 1972-73 an amount of Rs. 20,000 was added as income from undisclosed sources under "Agricultural account". On appeal to the Tribunal in due course, on the quantum side, the amount of Rs. 60,000 under the head "Smt. Mukhtary Begum" assessed in the asst. yr. 1971-72 was deleted. However, the addition of the other amounts was upheld in both the assessment y....

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....f 12 years with Ram Swarup under which he was required to pay Rs. 80,000 to the assessee out of the sale of agricultural produce together some vegetables which had to be grown in the land. Ram Swarup in his statement before the ITO testified to the payment of Rs. 81,500 having been made by him and his explanation was that the money was available with him out of the sale proceeds of the land which he had sold for Rs. 70,848 by a sale deed, dt. 27th Dec., 1968. While deleting the penalty, the Tribunal recorded its finding as under : "The assessee had done all that was in his power to prove the genuineness of the deposits in question. It was not doubted that the assessee did own 3-1/2 acres of land. Ram Swarup, to whom this land was leased ....

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....ssessee it could not be said that on the balance of probabilities, the amounts in question were not received by the assessee from Ram Swarup. In the opinion of the Tribunal, the assessee had discharged the onus that lay upon him under the Expln. to s. 271(1)(c) as it stood at the relevant time. The findings recorded by the Tribunal are pure findings of fact based on appreciation of evidence. 6. Learned counsel for the Revenue, however, contends that the findings of the Tribunal were vitiated inasmuch as, on material that was placed before the Tribunal another view was possible if the facts were appreciated in their true context. We are afraid that it is not open to this Court to test the correctness of the findings of fact recorded by th....