1983 (10) TMI 18

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.... DESAI J.-The question referred to us by the Income-tax Appellate Tribunal is as under: " 1. Whether, on the facts and in the circumstances of the case, the sum of Rs. 2,55,500 being the value of the gold in question, was liable to be taxed in the hands of the assessee under section 69 of the Income-tax Act, 1961 ? " We would like to reframe the question although we are conscious that the ....

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.... the appellate order. A major portion of this paragraph is reproduced in paragraph 9 of the statement of the case. In this case, the departmental representative had very properly apprised the Tribunal of various aspects of the matter such as contradictions in the assessee's case from time to time, improvements made by him in his statement given to the customs authorities, the enquiries made wit....

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.... the opinion that in the present matter the Tribunal has not given the necessary and proper factual findings on the question that arose for determination before it. It had to decide on the basis of the available material, which was brought to its notice very properly by the departmental representative, whether the assessee could be properly regarded as the owner of the gold found with him. In comi....

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....ot the proper approach and is contrary to the modalities which we have indicated in Gordhandas Hargovandas v. CIT[1980] 126 ITR 560. Undoubtedly the Tribunal is the final fact-finding body and ordinarily if after considering the matters in the proper perspective and after surveying all material which is available to it, the Tribunal arrives at some conclusion one way or the other that conclusio....