1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.424 OF 2008 The Commissioner of Income Tax Central-I ...Appellant vs. Tajddin M. Maredia. ...Respondent. --- Mr.B.M.Chatterjee, for appellant. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 4thSeptember, 2008. P.C.:- Heard the learned Counsel appearing for appellant. The position as per the record is that the assessee was the guarantor of the loan taken from MSFC, and somebody else was the principal debtor. 2 The case of the Revenue was that the assessee was not the guarantor but he was the principal debtor. The tribunal has observed that the case of the Revenue depends on the statement of one Mr.Tejani. The tribunal has observed that Mr.Tejani being a person who himself was involved in the scam, the said statement could not have been accepted without corroboration. There is no other evidence on record corroborating the statement of Mr.Tejani. Therefore, solely on the statement of Mr.Tejani it cannot be said that the assessee was the principal debtor and it is the assessee who had received the amounts. The tribunal has also observed that in the proceedings in this Court for recovery of the amounts, the principal debtor has, in fact, deposited some of the installments. In our opinion, the decision of the tribunal turns on the finding of facts. No question of law arises. The appeal is rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)