FARKAMAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS reference has been received from the Tribunal, Indore Bench, Indore under the provisions of Section 256 (1), in pursuance of the direction issued by the apex Court, by order dt. 9th Nov. , 2001, to refer the following questions of law for decision of this Court : 1. Whether, in the facts and circumstances of the case, there is any basis in law for addition of the two sums of Rs. 50,000 as income of the assessee in the relevant year ?

(2.) WHETHER the mere omission on the part of the assessee to include the sum of Rs. 50,000 withdrawn from the bank in his cash book can lead to the inference, in law, that the amount represented his income ?

(3.) WHETHER the mere finding that the cash book was unreliable can justify in law the addition of the two sums as income without any independent evidence?