COMMISSIONER OF INCOME TAX Vs. KRISHAN KUMAR MODI

JUDGEMENT

(1.) THIS is an application under S. 256(2) of the IT Act, 1961 (the Act) for the asst. yr. 1973-74 by the petitioner praying that the Tribunal be directed to refer the following question to this Court :

(2.) WE have heard Bharatji Agrawal the learned counsel for the petitioner and Sudhir Chandra Agarwal, the learned counsel for the assessee. Bharatji Agrawal at the very outset state that the question No. 1 has already been referred to by the Tribunal itself under S. 256(1) of the Act. This being so the question No. 1 does not require any consideration.

(3.) FROM the above finding of the Tribunal, it clearly appears that purely a finding of fact was recorded by the Tribunal that the assessee was not given exclusive possession of the residential accommodation and that he had lived with his father throughout the previous year relevant to the asst. yr. 1973-74. It is manifest that the father of the assessee had been assessed in respect of the residential house having the air-conditioner and other amenities of electricity, water etc. On these fact we are of considered view that no question of law is involved as the Tribunal clearly recorded a finding of that the assessee had not enjoyed the residential house independently but he had lived only with his father, who being a director was himself assessed in respect of the perquisite.