Law: Income Tax Act, 1922

Section: 66(2)

(a) Income-tax Act (XI of 1912)---S. 66(2)--Reference--High Court has no power to call upon the Appellate Tribunal to state a case if there was some evidence to support the finding recorded by the Tribunal, even if it appears to the High Court that on a re-appreciation of evidence, it might arrive at a conclusion different from that of Tribunal. (b) Income-tax Act (XI of 1922)-- ---S. 66(2)--Reference--Question of law--Cash credits found in assessees account books and finding of Tribunal that assessee had discharged burden of proving source of Cash credit not based on no evidence--No question of law, held, arose in circumstances. JUDGMENT SABYASACHI MUKHARJI, J.--These appeals by special leave arise from the decision of the Orissa High Court dated 31st October, 1973 refusing to direct the Tribunal to state a case under section 256(2) of the Indian Income-tax Act, 1961 (hereinafter called the Act) and to refer certain questions said to be questions of law arising out of appellate order of the Income-tax Appellate Tribunal for determination of the High Court. The assessment year involved was 1962-63. There were proceedings--one appeal was related to an assessment order where by additions were made to the quantum of income disclosed by the assessee and the other was in respect of imposition of penalty under section 271(1)(c) read with section 274(2) of the said Act. 2. The questions involves respectively in two applications before the High Court were as follows:--, "S. J. C. No. 116 of 1972: (1) Whether in the absence of proving confirmation letters and Hundis by the assessee, the assessee has discharged his initial onus by producing merely the confirmation letters and Hundis to prove the nature of the transaction? (2) Whether in the facts and circumstances of the case the Tribunal was right in ordering deletion of Rs.1,50,000 as assessees income from undisclosed sources? (3) Whether in the facts and circumstances of the case the cash credit is the assessees income from undisclosed sources? S. J. C. No. 85 of 1972: Whether in the facts and circumstances of the case the Tribunal was right in shifting the onus from the assessee to the Revenue and in deleting the…

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