TMI Blog1997 (9) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... briefly, "the Act"), to draw up a statement of the case and refer the following question relating to the assessment year 1971-72 for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the payments of Rs. 1,26,583 made by the assessee for purchases of raw materials for its business were allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rossed bank draft were made in exceptional and unavoidable circumstances within the meaning of rule 6DD(j) of the Income-tax Rules, 1962 (for short, "the Rules"). The Appellate Tribunal found that an affidavit sworn by Shri Kedar Nath, one of the partners in the firm of the commission agent Matha Prasad Kedar Nath, was filed stating that the commission agent who had dealings with the assessee-firm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illegality in the inference drawn by the Appellate Tribunal on the facts and circumstances of the case. The finding of fact as recorded by the Appellate Tribunal cannot be disturbed, especially when that is fully supported by the evidence available on the record. We, therefore, answer the aforementioned question in the affirmative, that is, in favour of the assessee and against the Revenue. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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