SARDARA SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS petition has been filed under S. 256(2) of the IT Act, 1961 ('the Act') for a mandamus directing the Tribunal, Chandigarh Bench, Chandigarh, to refer the following four questions of law said to be arising out of the order of the Tribunal to this Court for its opinion along with the statement of the case :

(2.) FOR the asst. yr. 1977-78, the assessee filed a return showing his income at Rs. 11,600. The ITO, however, assessed a total income of Rs. 1,09,300 after making certain additions /disallowances to the income of the assessee. It was noticed by the ITO that business transactions were not truly reflected in the books of account; further finding recorded was that stocks were not properly recorded in the books of account and expenses were inflated by wrong totallings. When the assessee was cornered by the ITO, he ultimately surrendered the additions/disallowances made by the ITO . No appeal was filed against the additions made by the ITO.

(3.) FINDINGS recorded by the Tribunal are findings of fact and, therefore, no referable question of law arises out of the order of the Tribunal. This petition is, therefore, dismissed.