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Commissioner Of Income-Tax vs Venkateswara Traders on 12 July, 1996

Andhra High Court
Commissioner Of Income-Tax vs Venkateswara Traders on 12 July, 1996
Equivalent citations: 1998 232 ITR 788 AP
Author: S S Quadri
Bench: B S Reddy, S M Quadri

JUDGMENT

Syed Shah Mohammed Quadri, J.

1. In this application under section 256(2) of the Income-tax Act, 1961, the Revenue seeks a direction to the Income-tax Appellate Tribunal to refer the following questions of law to this court for opinion :

“(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in reducing the income to Rs. 40,000 from Rs. 1,85,000 for the assessment year 1984-85 ?

(2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in upholding the decision of the Commissioner of Income-tax (Appeals) regarding granting of registration ?”

2. In the assessment year 1984-85, the assessee who was engaged in the business of liquor did not file any return of its income nor did it produce any accounts; having regard to the estimate of profits made by the Income-tax Officer, the income of the assessee was determined at Rs. 1,85,000. On appeal by the assessee, the Commissioner of Income-tax (Appeals) reduced the taxable income to Rs. 40,000 having regard to some comparable profits of other assesses. The Revenue went in appeal before the Income-tax Appellate Tribunal. The Tribunal having considered the facts of the case upheld the order of the Commissioner while dismissing the appeal on January 23, 1995. The Tribunal declined to refer the above questions raised in the reference applications filed under section 256(1) of the Income-tax Act by the Revenue on the ground that no question of law arises from the order of the Tribunal. Having perused the orders of the Tribunal, we are of the opinion that the Tribunal is right in concluding that no question of law arises as the above questions sought to be referred to this court are questions arising on the appreciation of facts. The income-tax case is, therefore, dismissed.

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