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Section 256 of the Income-tax Act, 1961 - Reference - Question of fact - Assessment year 1982-83 - Whether questions of reliability of account books and of income, profits and gains being properly deduced from method of accounting regularly employed by assessee, are questions of fact - Held, yes Facts For the assessment year 1982-83, the assessee's books of account were rejected on the ground that the assessee was not maintaining day-to-day record of consumption of material in the manufacture of certain product. On identical grounds the account books of the assessee were rejected in the preceding years, including for the years 1977-78 and 1978-79. The rejection of account books in earlier years was not sustained by the appellate authorities and applications for reference were rejected. Held The question whether books of account were reliable or not or whether profit and gains could or could not properly be deduced from the method of accounting regularly employed by the assessee were essentially questions of fact. Nothing was brought to the Court's notice to suggest that the case for the year in dispute was distinguishable from the earlier year when book version of the assessee was accepted as a result of the orders by the appellate authorities. The net result of those orders was, particularly the one passed for the assessment year 1977-78, that the assessee had maintained its accounts in accordance with the system of accounting generally employed by it and further the accounted version of profit was wholly deducible from the books of account and records maintained by the assessee. Therefore, no question of law arose from the Tribunal's order. Cases referred to CIT v. Electra (Jaipur) (P.) Ltd. [IT Appeal No. 140 of 1987, dated 10-9-1987], CIT v. Electra (Jaipur) (P.) Ltd. [IT Appeal No. 44 of 1987, dated 17-4-1987] and CIT v. Electra (Jaipur) (P.) Ltd. [IT Appeal No. 143 of 1984, dated 31-7-1986]. Bharatji Agrawal for the Respondent. JUDGMENT Gulati, J.-By means of this application under section 256(2) of the Income-tax Act, 1961 ('the Act') the Commissioner of Income-tax, Meerut has desired that a mandamus be issued to the Tribunal, Allahabad Bench, Allahabad…

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