Law: Income Tax Act, 1961

Section: 256,256(2)

Income tax .... Reference Question of law Appellate Tribunal Finding that addition made to income was on pure guess work Finding of fact No question of law arises Tribunals conclusion final No question of remanding matter for re determination Indian Income Tax Act, 1961, S.256(2). Where the Appellate Tribunal had held that an addition to the income of the assessee was unsustainable because it had been made "on the basis of pure guess work": Held, that no question of law arose out of the order of the Tribunal. The finding of the Tribunal was one of fact in respect of which the Tribunals conclusion was final and there was no question of remanding the matter to the, Assessing Officer for re-examination of the same question. The order of the Allahabad High Court (M. Katju and D.R. Chaudhary JJ.) dated August 16th, 2000, was as follows: Heard counsel for the parties. This is an application under section 256(2) of the. Income Tax Act, 1961. On the facts of the case we are of the opinion that the following question of law arises out of the order of the Tribunal. "Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was legally correct in upholding the deletion of Rs.19,66,550 instead of setting aside the same to the file of "the Assessing Officer for re examination and opportunity to the assessee?" We, therefore, direct the Tribunal to state a case and refer the above questions for our opinion, The assessee preferred an appeal to the Supreme Court by special leave. ORDER Leave granted. The Tribunal had declined to make a reference, at the…

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