The Commissioner Of Income Taxcentral-I v. Tajddin M. Maredia

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.424 OF 2008 The Commissioner of Income TaxCentral-I...Appellant vs. Tajddin M. Maredia. ...Respondent.--- Mr.B.M.Chatterjee, for appellant. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ.DATED: 4[th]September, 2008. P.C.:- Heard the learned Counsel appearing forappellant. The position as per the record is thatthe assessee was the guarantor of the loan taken fromMSFC, and somebody else was the principal debtor. The case of the Revenue was that the assessee was notthe guarantor but he was the principal debtor. Thetribunal has observed that the case of the Revenuedepends on the statement of one Mr.Tejani. Thetribunal has observed that Mr.Tejani being a personwho himself was involved in the scam, the saidstatement could not have been accepted withoutcorroboration. There is no other evidence on recordcorroborating the statement of Mr.Tejani. Therefore,solely on the statement of Mr.Tejani it cannot besaid that the assessee was the principal debtor andit is the assessee who had received the amounts. Thetribunal has also observed that in the proceedingsin this Court for recovery of the amounts, theprincipal debtor has, in fact, deposited some of theinstallments. In our opinion, the decision of thetribunal turns on the finding of facts. No questionof law arises. The appeal is rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)