COMMISSIONER OF INCOME TAX Vs. PREM KUMARI SURANA

JUDGEMENT

(1.) THE following question has been referred under Section 256(1) of the Income-tax Act, 1961 (for short, "the Act"), by the Income-tax Appellate Tribunal for opinion, to the High Court :

(2.) THE year of assessment is 1972-73.

(3.) ON the ground that the valuer's report was not conclusive, escapement was not found established and as such the addition made by the Appellate Assistant Commissioner was not justified. Hence, the reference is liable to be answered against the Revenue on the ground that the controversy raised by it was one of fact and was beyond the scope of Section 256(1) of the Act. ON an appraisal of evidence, the Income-tax Appellate Tribunal found that no escapement had been established. As the final determination of the issue did not involve the application of any principle of law, interference with the judgment of the Income-tax Appellate Tribunal would be on facts. Consequently, this question deserves to be decided against the Revenue on this ground.