1978 (10) TMI 11 - HC - Income Tax

Summary

Issues:
1. Application under s. 256(2) of the I.T. Act, 1961 for directing the Tribunal to state the case and refer questions.
2. Assessment of income for the assessment year 1969-70 based on estimate basis.
3. Appeal by assessee and ITO against AAC's order.
4. Tribunal's order confirming the estimate of income.
5. Rectification application submitted by the assessee.
6. Tribunal's acceptance of arithmetical mistake and recalculating the unexplained income.
7. Refusal by Tribunal to refer questions for opinion.
8. Application under s. 256(2) of the I.T. Act to direct the Tribunal to refer questions to the High Court.
9. Assessment of total income and deductions considered by the Tribunal.
10. Discrepancies in the Tribunal's order regarding past savings and investments.
11. Tribunal's decision on maintaining the estimate of income for the relevant assessment year.

Analysis:
The High Court of Rajasthan dealt with an application under s. 256(2) of the I.T. Act, 1961, where the assessee sought the Tribunal to state the case and refer questions arising from the order dated July 30, 1974. The case involved the assessment of the assessee's income for the assessment year 1969-70 on an estimate basis. Initially, the ITO assessed the income at Rs. 40,000, while the AAC reduced it to Rs. 25,000, considering investments and borrowings. The Tribunal confirmed the estimate, finding Rs. 24,000 unexplained. A rectification application was filed, leading the Tribunal to correct an arithmetical mistake, reducing the unexplained income to Rs. 20,000. The Tribunal refused to refer questions for opinion, prompting the assessee to apply under s. 256(2) of the I.T. Act to direct the Tribunal to refer questions to the High Court.

Regarding the assessment, the Tribunal considered the total investment, deductions, and past savings of the assessee. Discrepancies arose in the Tribunal's order concerning the treatment of past savings and investments. The Tribunal's decision to maintain the estimate of income for the relevant assessment year was challenged by the assessee, leading to the High Court's consideration of the matter.

The High Court held that questions related to arithmetical calculations were factual and agreed with the Tribunal. However, it identified a question of law concerning the estimate of the assessee's income for the relevant assessment year. The Court reframed the question to address the facts and circumstances of the case, allowing the application and directing the Tribunal to refer the question of law for adjudication.