SHIV NARAYAN SHIVHARE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THESE two cases arise out of the order dated October 31, 1986, passed in Reference Application No. 499/(Del) of 1986 by the Income-tax Appellate Tribunal, "B" Branch, New Delhi, whereby the two cross appeals, namely, I. T. A. No. 966/(Del) of 1984 and I. T. A. No. 2677/(Del) of 1984 and cross-objections No. 146 of 1984, relating to the assessment year 1975-76 were dismissed. THESE two petitions have been presented under Section 256(2) of the Income-tax Act, 1961, in respect of the assessment year 1975-76. Both these cases are being disposed of by this common order and Miscellaneous Civil Case No. 135 of 1987 shall be the leading case.

(2.) IN Miscellaneous Civil Case No. 135 of 1987, the petitioner/assessee, Shiv Narain Shivhare, prays that the INcome-tax Appellate Tribunal did not mention the points raised and refused to refer the questions of law which were necessary to be decided in this case. The following two questions of law are framed by the petitioner in this case :

(3.) IT was urged by the petitioner/Department in this case that the assessee, Shiv Narain Shivhare, was a liquor contractor. No account books were produced. He had not disclosed the cash in hand amounting to Rs. 75,000. The assessee had declared the income of Rs. 89,866 only. The claim of the assessee for deduction of 40 per cent. of the income for supervision work of one Phool Chand, in pursuance of the agreement dated March 29, 1975, was uncalled for.