TMI Blog2016 (6) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... DVOCATE FOR THE OPPONENT : MR SUDHIR M MEHTA, ADVOCATE COMMON ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) Since all the appeals arising out of common substantial question of law, they are heard together and disposed of by this common judgment. 2. All these appeals are directed against the common order passed by the ITAT dated 21/04/2016 in Appeal Nos.1996/Ahd/2005; 1997/Ahd/2005; 1998/Ahd/2005; 07/Ahd/2006; 08/Ahd/2006; 09/Ahd/2006 and 2346/Ahd/2005 whereby the appeals of the assessee were dismissed. 3. The short facts of the case are that the appellant-assessee had purchased a shop in the basement of Ashoka Tower, Ring Road, Surat built up by M/s. A. T. Corporation. During the course of raid, from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee was not there in the diary, still the onus is discharged. 4. Learned Counsel for the appellant has mainly contended that the tribunal has seriously committed an error in not considering the crossexamination which was done on 08/09/2005 where specific questions were put. 5. While admitting the present appeal, the Court has framed the following questions of law: [i] Whether on the facts and in the circumstances of the case was there any evidence before the Tribunal to hold that the assessee had paid any unaccounted moneys to the builder for the purchase of a shop ? [ii] Whether the finding of fact is perverse? 6. Learned Counsel for the appellant has relied upon the observations made by this Hon'ble Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lishes a link between the assessee and Vivek Patel, shows that the same has been executed by one of the sellers in favour of Vivek Patel in relation to one of the plots purchased by the assessee, but, significantly, such power-of-attorney has been found to be from the possession of the seller and not from Vivek Patel. Therefore, there is no material on record that prior to the search, Vivek Patel acted upon such power of attorney so as to establish a link, howsoever tenuous, between the assessee and Vivek Patel. As noticed earlier, the assessee has denied having paid any more consideration than that reflected in the sale deed executed in his favour. Vivek Patel has denied having paid any consideration to the sellers pursuant to the agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the appellant, despite strenuous efforts, is not in a position to point out any perversity in the findings recorded by the Tribunal. Under the circumstances, in the absence of any material to the contrary being brought to the notice of the court so as to dislodge the findings of fact recorded by the Tribunal, the impugned order of the Tribunal being based upon concurrent findings of fact recorded after appreciating the evidence on record, does not give rise to any question of law, much less, a substantial question of law so as to warrant interference. The appeals, therefore, fail and are accordingly dismissed. 6.2 Learned Counsel for the appellant has submitted that in light of the above referred decisions, the Tribunal has comm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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