M/S Mansukhani Builders v. The Joint Commissioner Of Income Tax, Sr-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 21 OF 2006 M/s Mansukhani Builders Versus The Joint Commissioner of Income Tax, SR-10 ).. Appellant ).. Respondent Mr A K Jasani for the Appellant. CORAM:SWATANTER KUMAR, C. J.&A. P. DESHPANDE, J.DATED: 17TH SEPTEMBER 2008. P.C. We have heard the learned Counsel appearing for theAppellant. The legality and validity of the order of the Tribunal dated 3[rd]June 2005 is questioned in the present Appeal. The argument raisedon behalf of the Appellant is that in accordance with law, the assesseewas not required to prove the source and he has discharged his onus bydemonstrating that the money actually had come from the sourcedeclared. Firstly, there is no question of law in this case. Secondly, theTribunal has come to a finding of fact that the transactions were notgenuine and even the person from whom money was borrowed like Mr Ahuja categorically stated that this was a benami transaction thoughrelated to a different assessment year. Be that as it may, even similarare the findings recorded by the Assessing Officer as well as theIncome Tax Appellate Tribunal. The mere fact that the AppellateAuthority has taken a different view would be no reason for this Court tointerfere on finding of fact. No question of law arises. Appeal dismissed. CHIEF JUSTICE A. P. DESHPANDE, J.