COMMISSIONER OF INCOME TAX Vs. RANGNATH AND COMPANY

JUDGEMENT

(1.) THE applicant (the Commissioner of Income-tax, Bhopal) has filed this application under Section 250(2) of the Income-tax Act, 1961 (for short "the Act"), seeking direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer the following two questions said to be of law arising out of its order dated November 29, 1990, passed in ITA Nos. 491 and 537/Ind. of 1985 relating to the assessment for the assessment year 1980-81, for our opinion :

(2.) BRIEFLY stated the facts of the case are that for the assessment year 1980-81, the non-applicant assessee filed a return declaring his income at Rs. 1,24,293 only. The Income-tax Officer however, assessed the total income at Rs. 9,23,700 making additions on various counts. The assessee filed appeal before the Commissioner of Income-tax (Appeals) who by his order dated March 30, 1985, allowed the appeal in part. Feeling aggrieved thereby both the parties, i.e., the Department and the assessee, went in appeal before the Tribunal. The Tribunal, by its order dated November 29, 1990, dismissed the appeal filed by the Department but allowed assessee's appeal in part inasmuch as the Tribunal further disallowed certain additions. The Department preferred an application under Section 256(1) requiring the Tribunal to state the case and refer the aforesaid questions to the High Court for its opinion, The Tribunal, vide its order dated April 11, 1991, dismissed the application holding that there is no referable question of law.

(3.) NOTHING substantial could be made out before us so as to disclose that the findings arrived at by the Tribunal were perverse and not supportable by the evidence on record. We are, therefore, satisfied that the order is based on appreciation of facts and does not give rise to any referable question of law.