AVADESH KUMAR UPADHYAY VS COMMISSIONER OF INCOME TAX

1993 P T D 823(1)

[199 I T R 214]

[Allahabad High Court (India)]

Before A.N. Verma and R.K. Gulati JJ

AVADESH KUMAR UPADHYAY

versus

COMMISSIONER OF INCOME TAX

Income Tax Application No. 225 of 1991, decided on 10/10/1991.

Income-tax---

----Reference---Cash credit---Cash credit whether remained unexplained-- Question of law---Indian Income Tax Act, 1961, Ss.68 & 256.

Held, that the question whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the cash credit in the name of M amounting to Rs.21,000 remained unexplained, was a question of law.

JUDGMENT

Having heard learned counsel for the assessee and learned counsel I representing the Commissioner of Income-tax, we are of the opinion that the following question of law does arise out of the order of the Tribunal:

"Whether, on the facts and circumstances of the case, the Tribunal was right in law in holding that the cash credit in the name of Smt. Memo Deyi amounting to Rs.21,000 remained unexplained?"

We, accordingly, direct the Income Tax Appellate Tribunal to draw up a statement of the case and refer the above question for our opinion. No orders as to costs.

M.B.A./2264/TOrder accordingly.