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2017 (5) TMI 848 - HC - Income TaxApplication under section 245C(1) to Settlement Commission - petitioner contends that the total unaccounted amount declared (over Rs. 10 crores) should have been accepted - Held that:- The revenue had successfully opposed the application, contending that the assessee had not made full disclosure and that the amount declared had never belonged to him, but rather to M/s. Dolphin Developers Ltd, who had accepted cash but not declared it. This was accepted by ITSC. The petitioner has given his explanation and version as to why such rejection was unjustified and how such amount belonged to him. However, this court is of the opinion that the petitioner's contentions are entirely factual. Unless there is a manifest unreasonableness or perversity in the ITSC's order, the court cannot substitute its reasoning with that of the said body. The ITSC's findings here are based upon an analysis of the facts such as that the ABC's identity was unknown and that there was a certain degree of amorphousness in its functioning. Furthermore, the clear linkages between the amounts disclosed before the ITSC and the amounts declared by M/s. Dolphin Developers Ltd. was discernable. This court cannot review or second guess the findings of fact as would an appellate court. Given these parameters, the inference of facts having regard to the totality of circumstances, this court is of the opinion that the findings of fact which the ITSC rendered cannot be set aside or interfered with. The writ petition has to fail and is, therefore, dismissed.
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