DEO NARAYAN BHADANI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) A statement of the case has been submitted by the Income-tax Appellate Tribunal, "B" Bench, Patna (hereinafter referred to as "the Tribunal"), under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), referring the following two questions for the opinion of this court:

(2.) IT appears that a supplementary statement of the case was called for from the Tribunal and a supplementary statement of the case was furnished along with the amended order as passed by the Tribunal under Section 254(2) of the Act, which is annexure A to the supplementary statement of the case. In the supplementary statement of the case, the amount was wrongly mentioned as Rs. 2,77,472 and question No. 1 which was not called for by this court under Section 256(2) was also referred. Question No. 1 is to the following effect in the supplementary statement of the case:

(3.) THE case of the assessee is that the investment of Rs. 2,77,471 in the Bharat Bank Ltd. on January 19, 1951, came out of the withdrawals of Rs. 8,86,738 made between June 20, 1947, to March 24, 1948. THE question for consideration was whether this explanation of the assessee can be accepted.