TMI Blog1991 (4) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... after on September 2, 1977, leaving behind him his wife, Chellammal, and 11 children of whom five were minors and six majors. Three of the daughters were also married. It was found in the course of the search that there were fixed deposits standing in the names of the wife and children of Chellappan Chettiar during the accounting years relevant to the assessment years 1967-68, 1969-70 and 1971-72 aggregating to Rs. 5,50,000, Rs. 2 lakhs during the year relevant to the assessment year 1967-68, Rs. 3 lakhs during the year relevant to the assessment year 1969-70 and Rs. 50,000 in the third year. Consequent on Chellappan Chettiar's death, the assessment proceedings were continued against his legal heirs, namely, his wife and 11 children. The co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttiar, liable to be assessed in his hands. The petitioners preferred further appeals before the Tribunal and the Department, in its turn, challenged the decision of the Commissioner in favour of Chellammal and Sivan by the departmental appeals. The Tribunal dismissed all the appeals affirming the decision of the Commissioner of Income-tax. The petitioners, thereupon, filed applications for referring certain questions of law alleged to arise out of the orders of the Tribunal for the decision of this court. The Tribunal rejected the applications in the view that the questions raised were purely questions of fact and, therefore, not liable to be referred. The petitioners, who were, as stated earlier, a son and a daughter of Chellappan Chetti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons given by them are relevant to the decision of the question in issue. There has been no misreading of any evidence ; and the findings rendered by the three authorities are supported by ample evidence and material on record. No material fact has been omitted to be considered. The circumstances of the case set forth in the orders of the three authorities also lead to the conclusion that these investments really belonged to Chellappan Chettiar and not to the children. This finding is one of fact depending on appreciation of evidence and on the circumstances appearing. No question of law, therefore, arises for consideration by this court on this aspect of the matter. The questions of law sought to be raised are not, therefore, liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was not applicable to the facts of the case. Their contention all along had been that these amounts cannot be brought to tax. If so, it could be stated that the question does arise for consideration whether section 69 obliged the assessment of the entirety of the credits in each year. We are not, however, expressing any final opinion on this question as the matter requires examination in depth and can be considered at the time the reference is being heard. Suffice it to say that a question of law arises on this point and that it is liable to be referred. In the circumstances, while declining to refer any question in relation to the matter as to whether the amounts brought to assessment really belonged to Chellappan Chettiar, we direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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