Income-tax--

----Reference---Income from undisclosed sources---Amounts whether constituted income from undisclosed sources---Question of fact---Indian Income Tax Act, 1961, S: 256.

Held, dismissing the application to direct reference, that the question whether the Tribunal was justified in deleting the additions made on account of unexplained sale of goods, unexplained closing stock and unexplained cash credits, was a question of facts.

Sandeep Bhandawat for the Commissioner.

Vineet Kothari for the Assessee.

JUDGMENT

B. R. ARORA, J.---The Revenue, by this application under section 256(2) of the Income Tax Act, 1961, has prayed that the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, may be directed to refer the following questions of law for the opinion of this Court.

"(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in

(i) deleting the addition of Rs.24,675 made by the Assessing Officer on account of unexplained goods sold on April 1, 1989? .

(ii) deleting the addition of Rs.62,548 made by the Assessing Officer on account of unexplained closing stock?

(iii) deleting the addition of Rs.79,000 made by the Assessing Officer on account of unexplained cash credits?

(2) Whether, on the facts and in the circumstances of the case, .the Income-tax Appellate Tribunal's order is not perverse?"

The contentions of learned counsel for the Revenue are that, (i) the Tribunal has erred in law in not deciding the fact that the assessee took the plea before the Tribunal that the less finished, goods were purchased on April 3, 1989, and the same were sold after folding and packing on April 4, 1989, and this submission was contrary to the statement made before the assessing authority; (ii) the Tribunal has erred in law in accepting the claim of the assessee that he was having semi-finished stock of Rs.1,13,845 on March 31, 1990, which was processed during the two days and the finished stock of Rs.79,896 was sold on April 2, 1990, and, therefore, the addition on account of unexplained stock was unjustified; (iii) the Tribunal has erred in law in observing that the case of cash credit of Rs.14,000 in the name of Dhaku Devi-the copy of the Rukka, dated December 7, 1989, and dated February 4, 1990, were produced before the Assessing Officer with the confirmation of the account and this credit was obtained through Shri Basti Mal broker and, therefore, the genuineness and credit-worthiness of the credit is fully established; (iv) the credit of Rs.10,000 and Rs.15,000 from the religious institutions were, also, held to be genuine and explained and on this issue the order of the Tribunal is perverse.

The findings arrived at by the Tribunal are purely findings of fact and do not give rise to any question of law. The Income-tax Appellate Tribunal Jaipur Bench, Jaipure, was, therefore, right in dismissing the application filed by the petitioner and rightly refused to refer the questions of law mentioned in the application for adjudication to this Court.

We see no infirmity in the order passed by the Tribunal. The findings arrived at by the Tribunal are purely findings of fact and do not give rise to any question of law.

In this view of the matter, we do not find any merit in this application-and the same is hereby dismissed.

M.B.A./49/FC??????????????????????????????????????????????????????????????????????? Application dismissed.