1992 (7) TMI 34

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....n the circumstances of the case, the Tribunal had sufficient material evidence to take the affidavits of the three persons on their face value ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was in possession of sufficient evidence to prove the genuineness of silver from the three persons ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct to delete the addition of Rs. 2,06,284 ? " We have heard learned counsel for the parties. It is evident from the frame of questions that the controversy before the Tribunal was whether the addition of Rs. 2,06,284 could be sustained in view of the evidence and the material that were placed before it. The dispute relate....

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....xamined the persons filing the affidavits. However, on consideration of the remand report, when the matter came to be heard again by the Commissioner of Income-tax (Appeals ), he dismissed the appeal. In the second appeal, the Income-tax Appellate Tribunal reversed the order of the appellate authority and accepted the appeal filed by the assessee, by deleting the entire addition of Rs. 2,06,234. The Tribunal dealt at length with the affidavits referred to earlier and also with the status as well as the family background of these persons who had filed their affidavits. The Tribunal remarked that the assessee had filed an overall tally of silver for the whole year and no discrepancy was found in it except the discrepancy which was the subject....