COMMISSIONER OF INCOME TAX Vs. C P HANDA

JUDGEMENT

(1.) AGGRIEVED against the order of Tribunal, the CIT has raised the following question in his application under S. 256 (2) of the IT Act, praying for a direction to the Tribunal to refer the following question alleged to be a question of law for the opinion of this Court :

(2.) IT has been urged by ld. counsel for the applicant that the finding of the Tribunal that it was a no accounts case is not correct. Firstly, the finding of the Tribunal in this behalf is essentially a finding of fact. Secondly, the question which is sought to be referred to this Court is not a question that the aforesaid finding of the Tribunal is perverse or arbitrary. In this view of the matter we find no force in this submission.

(3.) IN the result we find that no statable question of law arises out of the appellate order of the Tribunal. The application has no merit. It is accordingly dismissed. Since nobody has appeared to oppose the present application, there shall be no order as to costs.