MADAN LAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) FOR the asst. yr. 1966-67, the following question has been referred to us as a result of the order of this Court dt. 28th May, 1974, passed in IT Case No. 7 of 1973, under s. 256(2) of the IT Act, 1961 :

(2.) ON appeal, the AAC deleted the addition on the ground that there was no sufficient, cogent and convincing evidence. ON further appeal by the Department to the Tribunal, it was contended that the assessee's income varied from Rs. 40,000 to Rs. 50,000 annually, and hence, the expenditure must be more than Rs. 9,000 on the marriage. It was claimed by the assessee that economy had been exercised in the matter of expenditure and there was austerity following the Pakistan aggression of 1965. ON an examination of the facts, the Tribunal held that there were some shortcomings in the statement of the assessee. These were as follows :