BHAGYODAY BUILDERS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Allahabad, has under Section 256(1) of the Income-tax Act, 1961, referred for the opinion of this court the following questions stated to be of law and to arise out of the order dated February 27, 1981, passed in ITA No. 1531(Alld) of 1979 for assessment year 1975-76 :

(2.) WE have heard Sri Rajesh Kumar, learned counsel for the assessee, and Sri Shambu Chopra, learned standing counsel for the Commissioner.

(3.) AS regards question No. 2 the same proceeds on the assumption that the car was used by the partners and members of their families for their personal work to the extent of 25 per cent. A finding to that effect is a finding of fact and that finding of fact having not been challenged, the answer to this question is self-evident because of the specific provision of Section 38(2) of the Act which is as under :