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2005 (3) TMI 748 - GUJARAT HIGH COURTAddition made on account of "on money" - sale of shops - evidence to prove - Whether, the findings recorded by the Appellate Tribunal are perverse or not ? - HELD THAT:- Tribunal has observed that, in light of the retraction by Shri Pravinbhai Rupawala from the statement, it was the duty of the Assessing Officer to make further inquiry in respect of shop owners. In the Assessment Order, while referring to the explanation tendered by the assessee, the Assessing Officer has referred to one of the loose papers seized during the search and seizure operation u/s 132 of the Act and recorded that the explanation was in contradiction to the notings in the seized document that these relate to Ratan Market Project containing names of shop holders, amount received from them, construction account with shop-wise details. It is, thus, apparent that when the Tribunal refers to the duty of the Assessing Officer to make further inquiries in respect of the shop owners, it is in this context. The Tribunal has also, as noticed hereinbefore, found that all the seized papers do not relate to Ratan Market Project. Thus, it is not possible to accept the contention raised on behalf of the appellant that the Tribunal had omitted to consider other material. It is equally well settled that the Court cannot set aside the Tribunal’s finding of fact if there is some evidence to support that finding, even though the Court itself might have come to a different conclusion upon that evidence. In the circumstances, there being no infirmity in the order of the Tribunal, which has arrived at findings of fact after appreciating the evidence on record, no question of law, much less a substantial question of law, can be said to arise out of the impugned order of the Tribunal. The appeals are accordingly dismissed.
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