COMMISSIONER OF INCOME TAX Vs. GHINDMAL KAUROMAL

JUDGEMENT

(1.) BY this application under S. 256(2) of the IT Act, 1961, the CIT has prayed to direct the Tribunal to refer the following question of law for the opinion of this Court :

(2.) THE assessee is a registered firm which carried on the business of sale of potatoes and onions. The assessee filed a return on 28th June, 1985, declaring a total of Rs. 52,070. On 5th Sept., 1985, a search and seizure operation was conducted by the Department on the business premises of the firm and also residential premises of the partner. On the basis of the documents seized at the time of search and seizure, the total income of the assessee was assessed at Rs. 2,68,146. Finally, the Tribunal found that the document annexure C 23 did not belong to the assessee firm and consequently, deleted the addition of Rs. 46,378 and Rs. 41,000.