COMMISSIONER OF INCOME TAX Vs. GURUDAYALRAM MUKHLAL

JUDGEMENT

(1.) BY this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Gauhati Bench, Gauhati, has referred the following question of law to this court for opinion ;

(2.) THE facts giving rise to this reference may be briefly stated as follows :

(3.) AGAINST the order of assessment, the assessee appealed before the Appellate" Assistant Commissioner who confirmed the addition of Rs. 43,800 made to the income of the assessee as income from undisclosed sources. The addition was affirmed on account of absence of material in support of the assessee's explanation regarding its source. The assessee filed a second appeal against the order of the Appellate Assistant Commissioner before the Income-tax Appellate Tribunal (hereinafter referred to as the "Tribunal"). It also filed an appeal against the order of penalty passed by the Inspecting Assistant Commissioner of Income-tax.