COMMISSIONER OF INCOME TAX Vs. SARDAR BHAGAT SINGH

JUDGEMENT

(1.) PURSUANT to a direction of this court under Section 256(2) of the I.T. Act, 1961, by an order dated July 9, 1974, for the assessment year 1964-65, the following question of law has been referred to this court by the Income-tax Appellate Tribunal, Patna Bench, Patna:

(2.) FOR the assessment year 1965-66, the question referred to this court is :

(3.) IN appeal, the AAC reduced the estimate of cost of construction by Rs. 10,000 and thus allowed a relief of Rs. 5,000 in each year. The addition of Rs. 11,296 was maintained by him. On further appeal before the Appellate Tribunal, the addition of Rs. 11,296 was reduced to Rs. 1,296 only and the balance of Rs. 10,000 was treated as explained. Regarding the investment in the building, the Tribunal estimated the cost of construction at Rs. 50,000 and thus reduced the addition by Rs. 7,500 each year. The order of the Appellate Tribunal in appeal against the quantum has been annexed as annex. B forming part of the statement of the case.