SHANTI LAL JAIN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY THE COURT : By this application filed under S. 256(2) of the IT Act, 1961, the assessee-petitioner prayed that Tribunal be directed to refer the following questions for the opinion of this Court :

(2.) NONE appeared for the applicant. Mr. Singhi submits that Mr. Paras Kuhad has said that he has no instructions and he does not want to give appearance on behalf of the applicant.

(3.) CONSIDERING the material on record, itemwise additions were considered by the Tribunal taking into account the relevant material on record. Whether additions are justified or not that is based on the finding of fact and in case of some additions, the matter has been referred back to ITO for fresh decision. In this view of the fact and after perusal of the orders of the authorities below, we find that the finding of the Tribunal regarding finding of fact is not perverse and issue involved in the questions proposed is basically based on the finding of fact. Considering the findings and reasons given by the Tribunal, no case is made out for direction to the Tribunal to refer the questions proposed in the application filed under S. 256(2) as the finding of the Tribunal is not perverse. In the result, the application filed under S. 256(2) is rejected.