There after the assessees brother and nephew are said to have started a new firm dealing in Jute.
23,73,995/ .
Affidavit dated the 8th September, 1964 sworn by the assessee, in which he had stated that he had given Rs.
In arriving at that companyclusion the Tribunal had taken into companysideration various circumstances and those circumstances as set out by the Tribunal are as follows On going through the capital account and the wealth statement of the assessee, the Tribunal found that before making this gift to the said persona the total amount standing to this credit were as follows A sum of Rs.
Such of the institutions to whom the assessee had given donation, were i Lohia Charity Trust wherein a sum of Rs.
Letters from Jwalaprasad Bhartia and Kashiram Lohia, who were persons in the know of the factum of the making of the gifts and testified that in fact the assessee had gifted the aforesaid amounts to his brother and nephew.
5,11,101/ and Rs.
1,25,000/ was donated ii K.L. Lohia Charity Trust to whom Rs.
Affidavit dated the 8th September, 1934 sworn by the assessee stating therein that he had given Rs.
19,00,000/ .
The assessee was also dealing in Jute.
The Tribunal took into companysideration the following further circumstances Registration of the firm Messrs. Brijlal Nandkishore under Section 65 of the Indian Partnership Act with the Registrar of Firms on the 23rd December, 1948 Sales Tax Registration certificates showing the two persons, namely, Brijlal Lohia and Nandkishore Lohia as partners of the firm known as Messrs. Brijlal Nandkishore.
2,60,000/ to his brother, Brijlal Lohia and nephew Nandkishore Lohia respectively and that he had numberconcern, right, title or interest whatsover in the aforesaid gifted money or any business carried on by his said brother and nephew.
The question whether those very gifts were genuine or number again came up for companysideration before the authorities under Act while dealing with the assessments with which we are companycerned in this case.
61, 968/ as the balance left over to his credit in his Profit and Loss Account.
Proceeding further the Tribunal observed The donees after having received the gifts had deposited the said amounts with the National City Bank of new York, which bank had certified that it was the account of a firm whose partners were Messrs Brijlal Lohia and Nand Kishore.
At about the same time the assessee stopped his business.
West Bengal 44 I.T.R. page 405, this Court also refused to interfere with the finding of the Tribunal observing that the question whether the gifts were real was a matter within the jurisdiction of the Appellate Tribunal as the final fact finding authority.
vs Commissioner of Income Tax.
There were other banks also with whom the said two partners of the said firm had opened up accounts and they had also certified to the same effect.
2,50,000/ to Nandkishore Lohia his nephew.
House properties whose value had been estimated at Rs.
The Tribunal also companysidered that the assessee had numberissue and having enough to spare, he was making charities of substantial amounts to various institutions.
16,79,223/ and Rs.
2,50,000/ to his brother, Bnijlal Lohia and nephew Nandkishore Lohia absolutely and that he had numberconcern, right, title or interest whatsoever in the aforesaid gifted money or in any business carried on by his said brother and nephew Copies of the personal accounts of Brijlal Lohia and Nandkishore Lohia in the books of the partnership to show that the gifted amount was introduced by them as their capital in their partnership business and the withdrawals made by them out of the business were so negligible that it carried numbermeaning in saying that the profits from their business was being indirectly diverted to the assessee under the guise of these withdrawals f The assessee exercised numbercontrol at all either over the money gifted or the partnership business and had unequivocally given out on affidavit, adversely to his interest, that he had absolutely do interest to them.
5,11,101/ and Rs.
Besides, those the assessee had certain further assets which had remained undisclosed till the year 1951, valued at over Rs.
Lohia and it was those persons only who were authorised to sign for and on behalf of the said firm.
On July 12, 1943, it is said the assessee made a gift of 5, 11, 101 to his brother Brijlal Lohia and another sum of Rs.
In those cases the assessee adduced companysiderable additional evidence and on the basis of that evidence the Tribunal after taking into companysideration the decisions rendered by the Tribunal in the previous proceeding came to the companyclusion that the gifts in question are genuine gifts.
S. Hegde, J. These are appeals by special leave.
The assessee is an individual.
