COMMISSIONER OF INCOME TAX Vs. BHANWAR LAL JAS RAJ GEHLOT

JUDGEMENT

(1.) THE Revenue has moved this application under S. 256(2) of the IT Act with a prayer that the Tribunal, Jaipur Bench, Jaipur may be directed to refer the following three questions of law for the opinion of the High Court in the case of assessee Bhanwar Lal for the asst. yr. 1987-88, which, according to the Revenue, arise out of the order dt. 30th April, 1993 passed by the Tribunal in ITA No. 1377/Jp/1990 :

(2.) THE brief facts of the case are that the assessee is an individual. A search was conducted at the residence of the assessee by the IT Department under S. 132 of the Act on 22nd Aug., 1987 which continued upto 31st Aug., 1987. During this raid, the statements of the assessee and his sons were recorded. The assessee, for the asst. yr. 1987-88, on 23rd Feb., 1988, filed the return of his income declaring the taxable income at Rs. 36,821 and the agricultural income of Rs. 1,18,550. The ITO, Central Circle, Jodhpur, for the asst. yr. 1987-88 took the agricultural income at Rs. 1,11,000 and vide order dt. 26th March, 1990 completed the assessment on a total income of Rs. 2,09,331.

(3.) AGGRIEVED with the order dt. 30th April, 1993 passed by the Tribunal, the Revenue moved an application under S. 256(1) of the Act to refer the questions of law mentioned in para 1 above for the opinion of the High Court and the Tribunal, by its order dt. 28th Feb., 1994 refused to refer these questions because according to the Tribunal, no referable questions of law arise out of the judgment passed by the Tribunal as the decision of the Tribunal is based on the facts and the appreciation of the evidence.