DEOKINANDAN SHOOSHANKARLAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE following question has been referred to this court by the Income-tax Appellate Tribunal, Allahabad Bench, under section 66(2) of the Income-tax Act :

(2.) THE question relates to the assessment year 1949-50, the corresponding accounting year being the year from Asarh Sudi 2,2004 (corresponding to June 20, 1947) to Asarh Sudi 1, 2005 (corresponding to July 7, 1948). THE facts, as they appear from the statement of the case submitted by the Tribunal, are as follows :

(3.) THE Tribunal rejected the application on the ground that the finding that the money was income from an undisclosed source was of fact supported by the materials. THEreupon, the assessee applied to this court under section 66(2) and mentioned four questions fit to be referred by the Tribunal to this court. One question related to the justification for the presumption that the money was from an undisclosed source, another related to the onus of providing that a receipt is a revenue income, the third related to the jurisdiction of the income-tax authorities to treat as income a receipt even though it was proved to be capital receipt, and the fourth was :