Law: Income Tax Act, 1961

Section: 256

Income-tax---Reference---High Court---Tribunal partly sustaining addition made by I.T.O. on basis of documents seized during a search---Findings of fact by Tribunal based on material on record and not perverse---High Court will not disturb findings of fact of Tribunal---Indian Income Tax Act, 1961, S.256. In hearing a reference under section 256 of the Income Tax Act, 1961, the Court does not exercise any appellate or revisionary or supervisory jurisdiction of a Civil Court. It gives the Tribunal advice which undoubtedly has a binding force. In exercising its advisory jurisdiction the Court is neither required nor expected to disturb such findings of fact which are based on material on record and are not perverse. The ratio of any decision must be understood in the background of that case In the course of a search a bundle of documents were found and seized. Additions made on that basis in the assessment were sustained partly by the Commissioner of Income-tax (Appeals) and the Tribunal: Held, that the findings recorded by the Tribunal were found and seized. Additions made on that basis in the assessment were sustained partly by the Commissioner of Income-tax (Appeals) and the Tribunal. Ambica Quarry Works v. State of Gujarat AIR 1987 SC 1073; CIT v: Lakshman Swaroop Gupta and Brothers (1975) 100 ITR 222 (Raj.); CIT v. Noorjehan P.K. Sint. (1980) 123 ITR 3 (Ker.) and Sree Meenakshi Mills Ltd. v. CIT (1957) 31 ITR 28 (SC) ref. JUDGMENT M.A.A. KHAN, J.---The Income-tax Appellate Tribunal Jaipur Bench, Jaipur for short, "the Tribunal", has referred under section 256(1) of the Income-tax Act, 1961 (for short, "the Act"), to this Court for its opinion, the following questions, viz.,: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the addition of Rs.11,500 made by the Income-tax Officer and also the addition of Rs.39,000 enhanced by the Commissioner of Income-tax (Appeals), which represented notings on a piece of paper titled Jakad'? (2) Whether the Tribunal was justified in sustaining the addition on the basis of a piece of paper having notings of date and amount only without proving the ownership or…

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