BISHAN SWARUP Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal has referred the following question of law under Section 66(1) of the Indian Income-tax Act, 1922 :

(2.) THE reference relates to the assessment year 1947-48, the relevant previous year ending on March 31, 1947. THE Income-tax Officer noticed a number of cash deposits in the assessee's bank pass book and the account books totalling Rs. 47,050. THE assessee explained that these deposits proceeded out of past withdrawals, but that explanation did not entirely satisfy the Income-tax Officer who treated an aggregate sum of Rs. 22,050 as the assessee's income of the previous year from undisclosed sources. An appeal by the assessee to the Appellate Assistant Commissioner of Income- tax proved without result, and, thereafter, a second appeal to the Tribunal was partially successful inasmuch as the Tribunal reduced the addition to Rs. 17,915.

(3.) IN the circumstances, the question referred is answered in the negative. The assessee is entitled to his costs, which we assess at Rs. 200. Counsel's fee is assessed in the same figure.