ISHWARCHAND Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE assessee has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short "the Act"), seeking a direction to the Tribunal to state the case and refer the proposed questions of law, as noted below, arising out of the order passed in I. T. A. Nos. 1069 to 1074/Ind of 1985 for the assessment years 1974-75 to 1980-81, for our consideration and opinion :

(2.) BRIEFLY stated, the facts of the case are that the applicant is a legal practitioner. He returned professional income for the respective years at Rs. 540, Rs. 920, Rs. (-) 35 and Rs. 1,170 for the assessment years, respectively, 1977-78, 1978-79, 1979-80 and 1980-81. The authority did not accept this position and estimated the annual income for all these years at Rs. 6,000 per annum. Aggrieved, the assessee filed appeals before the Assistant Commissioner which were rejected (annexure "F"). The assessee then filed the appeals before the Tribunal. The Tribunal upheld the orders and observed that a person engaged as legal practitioner could not be held as earning such a low amount as shown by him. The assessee did not produce the diaries.

(3.) THE finding reached on appreciation of facts does not give rise to any question of law as held in CIT v. Ashoka Marketing Ltd. [1976] 103 ITR 543 (SC) and in CIT v. Kotrika Venkataswamy and Sons [1971] 79 ITR 499 (SC).