URVASHI TALKIES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY this application under S. 256(2) of the IT Act, 1961, the assessee -applicant prays that the Tribunal, New Delhi, be directed to state a case and to refer the following questions stated to be of law and to arise out of its order dt. 30th Nov., 1995, passed in ITA No. 7164/Del of 1990, for the asst. year 1985 -86 for the opinion of this Court.

(2.) WE have heard Sri Rajesh Kumar learned counsel for the applicant, and Sri Ashok Kumar, learned counsel for the respondent. On behalf of the respondent it is contended that the question whether an assessee concealed the particulars of his income is a question of fact and no question of law arises. The contention of learned counsel for the applicant, on the other hand, that the Tribunal's findings are based on irrelevant evidence.

(3.) WE , accordingly, direct the Tribunal to state the case and refer the aforesaid question for the opinion of this Court.