COMMISSIONER OF INCOME TAX Vs. GULAB HUSSEN BAIRAGDAR

JUDGEMENT

(1.) MR . Inamdar, the learned counsel for the respondent-assessee and Dr. Balasubramanian, the learned counsel for the Revenue, have been heard.

(2.) APART from the fact that Dr. Balasubramanian is not able to tell us as to what happened in the earlier years, in regard to which also the reference applications are said to be pending, we find that Tribunal has given a finding of fact that the two amounts of Rs. 10,000 each were given to two daughters-in-law from his first wife by the assessee in order to settle the dispute between him and his first wife. The finding that the amounts were paid by way of settlement of dispute between the assessee and his first wife is a finding of fact. The conclusion from that finding that the payments made were for adequate consideration cannot stand on a different footing.