GULZARILAL RAWAT Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ON an application filed under Section 256(2) of the Income-tax Act, 1961, this court directed the Tribunal to refer the following common questions for the assessment years 1974-75 and 1975-76 for our opinion :

(2.) SINCE common facts are involved, we answer all the four questions by this common order. In compliance with the directions of this court, the aforesaid questions have been referred for our opinion.

(3.) NORMALLY, in the reference, this court does not interfere in the finding of the Tribunal but the finding of the Tribunal as to whether Rawat Electricals, Ramganjmandi, is independent or benami property of Shri Gulzari Lal Rawat appears to be perverse. In such circumstances, this court should interfere. In our view with the above admitted facts, it cannot be said that the business of Rawat Electricals, Ramganjmandi, is the business of the assessee, Shri Gulzari Lal Rawat. The Tribunal has committed error in holding that the business of Rawat Electricals is the business of the assessee, Shri Gulzari Lal Rawat, and not of Suresh Kumar.