COMMISSIONER OF INCOME TAX Vs. SHIVJI RAM AGARWAL

JUDGEMENT

(1.) THIS application under Section 256(2) of the Income-tax Act, 1961 (Act No. XLIII of 1961) (for short "the Act " hereinafter), by the Commissioner of Income-tax, Jodhpur, for a direction to the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (" the Tribunal "), to refer the following questions of law which are said to arise out of its order dated July 15, 1982, passed in Income-tax Appeal No. 431(JP) of 1982 :

(2.) WHETHER, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there was no intimate connection between the lady (Smt. Reshma Devi) becoming a partner with her father-in-law in a partnership firm by investment of the amount transferred to her by way of gift by her father-in-law ? "

(3.) THE Tribunal has categorically come to the conclusion that there was no intimate connection between Smt. Reshma Devi, daughter-in-law of Shivji Ram, becoming a partner with her father-in-law in the partnership firm and the investment of the amount transferred to her by way of gifts by her father-in-law. This is a finding of fact and this finding of fact has not been shown to have been vitiated by non-consideration of the material on record or that it has been arrived at by extraneous considerations, or is so unreasonable that no reasonable man could have arrived at it. Under Section 256 of the Act, only questions of law which arise out of the order of Tribunal can be referred and as the finding recorded by the Tribunal in this regard is a finding of fact, the Tribunal was justified in not referring this question.