COMMISSIONER OF INCOME TAXCENTRAL Vs. SHEKH MOHD ARIF

JUDGEMENT

(1.) The Income Tax appellate Tribunal, Allahabad at the instance of commissioner of Income tax referred the following questions of law under Section 256(1) of the Income Tax Act 1961 (hereinafter referred to as the act) for Opinion to this Court :1. Whether the Tribunal was right in coming to the conclusion that no enquiries need be made by the I.T.O. relating to the issue of transfer of property in favour of wife in lieu of Mahar and investment in property, once it had given finding that the C.I.T. was correct in fact and in law in setting aside the order of the I.T.O as the I.T.O. had framed the assessment without making proper enquiries ?

(2.) Whether in law and circumstances of the case the Tribunal is justified in holding that there is no need to make any further enquiry about the loan from Shri D.K. Gupta ?

(3.) Whether in law and on the facts of the case the Tribunal is justified in excluding the income of property at Nawal Kishore Road, Lucknow from the assessment of the assessee while there is no legal transfer of that property as itself held by the Tribunal ?