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1960 (9) TMI 8 - SC - Income TaxWhether every material fact, for and against the assessee, has been considered fairly and with due care? Whether the evidence pro and con has been considered in reaching the final conclusion? Whether the conclusion reached by the Tribunal has been coloured by irrelevant considerations or matters of prejudice? Held that:- We do not think that in a case like the one before us the Department was required to prove by direct evidence that the sum of ₹ 87,500 was income in the hands of the appellant. Indeed, we agree that it is not in all cases that by mere rejection of the explanation of the assessee, the character of a particular receipt as income can be said to have been established ; but where the circumstances of the rejection are such that the only proper inference is that the receipt must be treated as income in the hands of the assessee, there is no reason why the assessing authorities should not draw such an inference. Such an inference is an inference of fact and not of law. For the reasons given above we are of the view that no question of law arose from the order of the Tribunal and we see no grounds for interference with the judgment and order of the Bombay High Court, dated October 4, 1956. The appeal accordingly fails and is dismissed.
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