Law: Income Tax Act, 1922

Section: 66,66(1)

Income-tax Act (XI of 1922)---S. 66 (1) Reference to High Court---Question of law-Whether cer­tain question raised before Tribunal or not--Held, question of fact which High Court cannot decide while answering reference-Question of law although applicable to relevant facts found or proved but not raised before Tribunal--Held, such question cannot be said to arise out of order of Tribunal. Commissioner of Income-tax v. Scindia Steam Navigation Co. Ltd: 962 P T D 419 and Padampat Singhania v. Commissioner of Income-tax (1957) 32 1 T R 33 ref. STATEMENT OF CASE In compliance with the direction of the High Court under section 66 (2) Civil Miscellaneous Case No. 67 of 1952, we draw up a statement of the case in relation to the question set out herein below and refer it to the High Court. 2. The assessment year is 1946-47 sad the chargeable accounting period frown October 17, 1944 to November 4, 1945. 3. The assessee carried on whole sale business is cloth under the name and the style of Rourh Mal Ram Nath. In the course of the examination of the ledger the Income tax Officer discovered a cash credit of Rs. 28,000 in the account of one Narain Das. The Income-tax Officer asked the assessee to prove the genuineness of the deposits. Naraindas was produced by the assessee and statement was recorded. Naraindas stated that he was an employee of one Guru Purohit Devi Prasad of Nepal and the account in question represented the sale proceeds of paddy belonging to Guru Purohit. Naraindas further stated that as lie thought it unsafe to keep so much money with hire he deposited the amount in two instalments with the assessee at Siawan. The explanation of this witness railed to convince the Income-tax Officer. The Income-tax Officer added the amount to the assessee's income "from undisclosed source", for reasons mentioned to his order which is Annexure "A" thereto forming part of the case. The order of the Income-tax Officer-cum-Excess Profits Tax Officer is Annexure "A-1" hereto forming part of the case. 4. The Appellate Assistant Commissioner confirmed the assessment in appeal holding that the origin and source of the deposit had not been satisfactorily explained and the…

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