YADU HARI DALMIA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) I . T. R. No. 55 of 1974 is the case stated by the Tribunal under S. 256(1) on the following question of law arising out of the order passed by the Tribunal in the case of Yadu Hari Dalmia for the asst. yr. 1970 -71 :

(2.) THE assessee had requested the Tribunal to refer certain other questions of law which are set out in para. 7 of the statement of the case but the Tribunal considered it fit to refer only one question as set out above. Thereafter, the assessee approached the High Court by a petition under s. 256(2) (I. T. Case No. 49/73). The Court by its order dated October 10, 1975, directed the Tribunal to refer the following three additional questions for the opinion of the High Court:

(3.) THE entire controversy in these two references turns round the sum of Rs. 10,000 which has been added as the assessee's income from undisclosed sources for the asst. year 1970 -71. Mr. G. C. Sharma, learned counsel for the assessee, contends that the above addition raises far -reaching questions of law and principle. But, after hearing the learned counsel at great length, it appears to us that though the problem is ticklish and one of some nicety, it is in the ultimate analysis only a question of fact and that all that we have to examine is whether the addition of Rs. 10,000 was warranted in the circumstances of the case.