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TMI Blog2007 (9) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year 1991-92 on account of unexplained investment in silver articles ? Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the statement of the assessee's husband regarding surrender on account of unexplained investment in construction of house at 115 Central School Scheme, Jodhpur, recorded at the time of search is to be ignored. Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was justified in law in deleting the addition of 3,43,625 out of addition of 5,00,000 made on account of unexplained investment in construction of house at 115, Central School Scheme, Jodhpur ? Whether, on the facts and in the circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DGEMENT Munishwar Nath Bhandari J.-The Revenue has preferred this reference application under the provisions of section 256(2) of the Income-tax Act, 1961. The Income-tax Appellate Tribunal had refused to make reference of any of the questions, vide its order dated January 28, 1999. A reference application was filed before the Income-tax Appellate Tribunal under the provisions of section 256(1) of the Income-tax Act for reference of certain questions to this court. Those questions were arising out of the order of the learned Tribunal, vide its order dated August 25, 1998, in relation to the block assessment years 1986-87 to 1996-97, following questions were sought for reference. "(1) Whether, on the facts and in the circumstances of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h consideration the addition of Rs. 48,880? (6) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in altogether ignoring the circumstantial evidence and deleting the addition of Rs.5,62,000 made on account of undeclared payments made for the purchase of immovable property ? (7) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in deleting the addition of Rs. 87,000 made on account of unexplained credit and interest thereon, in spite of the fact that the creditor had not been proved by the assessee ?" Learned counsel for the Revenue urged that all the seven questions asked for reference involves a question of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilver and gold ornaments and unexplained investment for construction of house No. 115, Central School Scheme, Jodhpur. The substantive addition of all the investments were made in the case of Jethmal Boob which was a separate and individual appeal filed before the Tribunal followed by a reference application made before the Tribunal under section 256(1) of the Income-tax Act, however, in the case of Jethmal Boob also the learned Tribunal had refused to make any reference while deciding the similar issue. It was found that all the questions asked for reference are based on facts and finding recorded by the Tribunal were after considering material placed on record and also with proper appreciation of facts, therefore, no question can be refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incriminating document or information on the basis of which addition can be made. The last question is regarding addition of Rs. 87,000 on account of unexplained credit interest thereon. The said amount was deleted by the Appellate Tribunal on the ground that credit in question was duly mentioned in regular books of account and thereby regular books of account being outside the scope of assessment of undisclosed income under Chapter XIV-B of the Income-tax Act after the insertion of explanation under section 158(BA) of the Income-tax Act and thus a question asked for reference in that regard cannot be said to involve a question of law. In view of the discussions made above, we do not find any question involves questions of law for our re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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