TODAR MAL Vs. COMMISSIONER OF INCOME-TAX

JUDGEMENT

(1.) THE Income-tax Officer found that a cash credit of Rs. 10,000 in the name of Shri Narinder Kumar was not acceptable as he did not have sufficient means to advance that amount of money to the assessee.

(2.) THIS amount was added to the income of the assessee. On appeal, the Appellate Assistant Commissioner agreed that Narinder Kumar did not have the capacity to own Rs. 10,000. But the Appellate Assistant Commissioner found that out of the cash credit of Rs. 10,000, Rs. 3,000 could be explained as income from agricultural land and, therefore, gave the assessee relief of Rs. 3,000. On further appeal to the Tribunal, while the finding regarding Narinder Kumar's capacity was confirmed, further relief was given to the assessee in a sum of Rs. 3,000. In the net result a sum of Rs. 4,000 was added to the income of the assessee. The assessee has riled an application under Section 256 (2) of the Income-tax Act, to require the Tribunal to state a case.

(3.) THE application is, therefore, rejected. No costs.