TMI Blog2000 (3) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the onus is on the Revenue to establish that the assessee was the owner of the valuables and books of account found and seized from the business-cum-residential premises of the assessee ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax Officer has also examined the regular books of account, showing the transaction in gold and jewellery and noticed the Inspector's report on perusal of the book No. 1, book No. 2 and book No. 3 for the B. S. 1380, B. S. 1381 and B. S. 1381. These transactions were not entered in the regular sets of accounts, nor the particulars of these transactions were disclosed. Therefore, in the second round ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and in the end has taken the view that any additions in both the years are not maintainable. None appeared for the assessee, though the matter was listed several times. Heard learned counsel for the Revenue. The undisputed facts are that there was a search by the Gold Control authorities at the residence of Sarat Chandra Das, the assessee, who was bed-ridden, and Nikunja Behari Das, son of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n whose name the business is carried on. When there is a finding that during the relevant period corresponding to the assessment years, the assessee, Sri Sarat Chandra Das, father of Nikunja Behari Das, was bedridden and his son, i.e., Sri Nikunja Behari Das, was in absolute control of the business and was actually carrying on the business-that was the finding, how the income earned out of that bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that the addition is not maintainable. This finding of the Tribunal that Nikunja Behari Das is the owner of gold and gold ornaments and carrying on the business is a finding of fact. Therefore, the finding of fact unless it is perverse cannot be interfered with. Accordingly, we answer both the questions in the affirmative, i.e., in favour of the assessee and against the Revenue. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
