LAWS(ORI)-1975-9-21

COMMISSIONER OF INCOME TAX Vs. PRAFULLA KUMAR MALLIK

Decided On September 10, 1975
COMMISSIONER OF INCOME-TAX Appellant
V/S
PRAFULLA KUMAR MALLIK Respondents

JUDGEMENT

(1.) ON the application of the revenue under Section 256(2) of the Income-tax Act (hereinafter referred to as "the Act"), this court required the Tribunal to state a case and refer the following question for opinion of the court:

(2.) THE Tribunal has accordingly stated a case.

(3.) IT has been observed by a Bench of this court in the case of Commissioner of Income-tax v. K. C. Behera, [1976] 103 ITR 479 (Orissa) that the object of the Explanation is to create a presumption in favour of the revenue in a certain contingency and the presumption is a rebuttable one.