COMMISSIONER OF INCOME TAX Vs. PUSHPA RAJ MEHTA

JUDGEMENT

(1.) THE Revenue, by this application under Section 256(2) of the Income-tax Act, 1961, has prayed that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, may be directed to refer the following questions of law for the opinion of this court :

(2.) THE contentions of learned counsel for the Revenue are that, (i) the Tribunal has erred in law in not deciding the fact that the assessee took the plea before the Tribunal that the less finished goods were purchased on April 3, 1989, and the same were sold after folding and packing on April 4, 1989, and this submission was contrary to the statement made before the assessing authority ; (ii) the Tribunal has erred in law in accepting the claim of the assessee that he was having semi-finished stock of Rs. 1,13,845 on March 31, 1990, which was processed during the two days and the finished stock of Rs. 79,896 was sold on April 2, 1990, and, therefore, the addition on account of unexplained stock was unjustified ; (iii) the Tribunal has erred in law in observing that in the case of cash credit of Rs. 14,000 in the name of Dhaku Devi the copy of the Rukka dated December 7, 1989, and dated February 4, 1990, were produced before the Assessing Officer with the confirmation of the account and this credit was obtained through Shri Basti Mal broker and, therefore, the genuineness and credit-worthiness of the credit is fully established ; (iv) the credit of Rs. 10,000 and Rs. 15,000 from the religious institutions were, also, held to be genuine and explained and on this issue the order of the Tribunal is perverse.