COMMISSIONER OF INCOME TAX Vs. E. RAMACHANDRAN

JUDGEMENT

(1.) THE above tax case appeal is filed at the instance of the Revenue as against the order of the Income -tax Appellate Tribunal for the assessment year 2003 -04. The tax case appeal was admitted on the following substantial question of law:

(2.) WE do not find any ground to disturb the finding of fact given by the Tribunal. On going through the relevant bills as well as the accounts of the assessee, the authorities below came to the conclusion on the genuineness of the payment made to the agent while negotiating the sale and that when the Department had accepted this practice for the subsequent year, viz., 2004 -05, we do not find any ground to disturb the order of the Tribunal. In any event, even assuming for a moment that the assessment year under consideration, viz., 2003 -04 stands on its own, on the materials available on record and the finding of fact thus arrived at, we do not find any perversity to disturb the order of the Tribunal. Consequently, the above tax case (appeal) fails and the same is dismissed. No costs.