TMI Blog2015 (2) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the statement if the Tribunal has found that the Assessee admitted the income tax of ₹ 35,00,000/- for the respective year and the Tribunal did not find that it was in addition to the income already declared, such aspect would fall in the arena of finding of fact, which would be beyond the scope of Second Appeal. Attempt was made by the learned Counsel for the Revenue to contend that the statement made can be interpreted to mean the income declared of ₹ 35,00,000/- in addition to the normal income to which we find that the same cannot be accepted, because we have not found any perversity in the finding of fact by the Tribunal for treating the income of the Assessee at ₹ 35,00,000/-. In any event, when there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000/-. Thereafter, when assessment took place, A. O., treated the income of ₹ 35,00,000/- in addition to the income tax declared in the Income Tax Return and assessed the amount of tax. The matter was carried in appeal and CIT(A) confirmed the order of A.O. The Tribunal observed at paragraph 8 as under:- 8. We have heard the rival submissions and perused the material on record. It is an undisputed fact that during the course of survey, Assessee admitted to the income of ₹ 35 lacs but in the return of income filed by the Assessee the income of ₹ 32,49,328/- was offered to tax. It is also a fact that the additional of ₹ 35 lac has been made only on the basis of admission made by the Assessee during the course of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Counsel for the Revenue to contend that the statement made can be interpreted to mean the income declared of ₹ 35,00,000/- in addition to the normal income to which we find that the same cannot be accepted, because we have not found any perversity in the finding of fact by the Tribunal for treating the income of the Assessee at ₹ 35,00,000/-. In any event, when there is no perversity in the finding of fact, this Court in exercise of the power in Second Appeal would substitute another finding of fact as sought to be canvassed. 7. Apart from the above, there is no substantial questions of law would arise for consideration as the whole appeal is based on questions of fact and not on questions of law. 8. Hence, we ..... X X X X Extracts X X X X X X X X Extracts X X X X
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