TMI Blog2000 (7) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... etax Act, 1961, which defined, 'undisclosed income' ?" The factual position as noticed by the Tribunal is as follows : On November 16, 1995, search operations were carried out under section 132(1) of the Act at the business premises of the concerns of a group known as Mahavir Woollen Group which included four assessees including the appellant and at the residential premises of the partners also. During the course of search, certain incriminating documents were found and seized. In response to notices under section 158BC of the Act, all the four assessees filed returns declaring that there was no undisclosed income. Assessments were concluded on positive income after considering the seized documents by the Deputy Commissioner of Income-t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rship was not disputed. It did not also accept the stand that the writer of the document was under some misconception about the mode of payment. It was the sole and exclusive knowledge of the assessee as to who was the person who had written the document and, therefore, the onus was on the assessee to bring some material on record to rebut and contradict the correctness of the entries about cash payments. Consequently, it was observed that the assessee has miserably failed to discharge the onus. Therefore, the Assessing Officer's conclusion that cash payment represented unexplained investment of the assessee which was liable to be assessed under section 69 of the Act in the assessment year 1996-97. Accordingly, the assessee's appeal on that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of fact into a question of law by asking whether as a matter of law the authority came to a correct conclusion upon a matter of fact. In Edwards v. Bairstow [1955] 28 ITR 579 (HL), Lord Simonds observed that even a pure finding of fact may be set aside by the court if it appears that the commissioner has acted without any evidence or on a view of the facts which could not be reasonably entertained. Lord Radcliffe stated that no misconception may appear on the face of the case, but it may be that the facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination under appeal. In those circumstances the court may intervene. The words "substantial question of law" h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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