ADDITIONAL COMMISSIONER OF INCOME TAX Vs. THAHRAYAMAL BALCHAND

JUDGEMENT

(1.) THIS application by the Additional Commissioner of Income-tax, Rajasthan, Jaipur, has been made under Section 256(2) of the I.T. Act, 1961 (hereinafter referred to as "the Act"), praying that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, may be directed to state the case and refer the following question to this court:

(2.) THE relevant facts and circumstances in which the present application has been filed may be stated in brief as follows:

(3.) IN our considered opinion no question of law arises in the present case because whether the presumption raised by the Explanation to Section 271(1)(c) has been rebutted or not is essentially a question of fact and, therefore, we decline to direct the Tribunal to refer any question to us. The application is rejected. Parties are left to bear their own costs.