J J ENTERPRISES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Leave granted.

(2.) The Tribunal had declined to make a reference, at the instance of the revenue, of the following question :

(3.) In its principal order, the Tribunal had concluded that the addition was unsustainable because it had been made on the basis of pure guess work. The revenue moved the High Court u/s. 256(2) of the Income-tax Act, 1961, and the High Court called for a reference on the basis that the question was a question of law. We are unable to agree with the High Court. In the first place, the Tribunal has held that the addition had been made on the basis of pure guess work and this is a matter of fact in respect of which the Tribunals conclusion is final. In the second place, there was no question of remanding the matter to the Assessing Officer for re-examination of the same question.