TMI Blog1967 (4) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... o submit questions of law arising out of the order of the Tribunal. The assessee appeals to this court with special leave. In November, 1947, the assessee migrated from Pakistan to India and set up a money-lending business in Bombay. The assessee opened a set of books in the name of his wife Gopi Bai, and made credit entries therein totalling ₹ 7,85,712 between 1947 and 1952. In proceedings for assessment of income-tax, the Income-tax Officer accepted the claim of the assessee that out of the amount credited, ₹ 4,51,843 represented the value of assets brought by the assessee when he migrated to India and rejected his claim for the balance. The Income-tax Officer, in proceedings for reassessment commenced under section 34 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If the answer to question No. 1 is in the affirmative, whether the sum of ₹ 55,293 could be held as the 'undisclosed income' of the assessee himself ? The Tribunal rejected the application holding that they had not accepted the case of the assessee about the sale of the ornaments of Gopi Bai. The assessee then applied to the High Court of Bombay for an order under section 66(2) of the Indian Income-tax Act directing the Tribunal to state a case and refer the questions of law arising out of the order of the Tribunal. The High Court rejected the application. It appears from the order of the Appellate Assistant Commissioner that the assessee had produced considerable documentary evidence in support of his case that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... function under the Indian Income-tax Act : it is invested with authority to determine finally all questions of fact. The Tribunal must, in deciding an appeal, consider with due care all the material facts and record its finding on all the contentions raised by the assessee and the Commissioner in the light of the evidence and the relevant law. The judgment of the Tribunal suffers from a manifest infirmity. The Tribunal has not adjudicated upon the truth of the case of the assessee in the light of the evidence adduced by the assessee in support of his case. The infirmity becomes more pronounced when regard is had to the fact that, relying upon the documentary evidence tendered by the assessee, the Appellate Assistant Commissioner had acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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