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TMI Blog2011 (9) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... not is always a question of fact and can never be a question of law." - D.B. INCOME-TAX REFERENCE APPLICATION NO. 94 OF 1994 - - - Dated:- 15-9-2011 - ARUN MISHRA, Ms. BELA M. TRIVEDI, JJ. J.K. Singhi and Anuroop Singhi for the Applicant. ORDER Ms. Bela M. Trivedi, J The present income tax reference application has been made under Section 256(2) of the Income Tax Act, 1961 (he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee had filed an appeal before the Commissioner of Income Tax (Appeals), which came to be accepted and the CIT (Appeals) deleted the addition of Rs. 1 lac. The Revenue, therefore, filed an appeal before the Tribunal, which vide its Order dated 28.8.92 dismissed the said appeal of the Revenue. The Revenue thereafter submitted a reference application under Section 256(1) of the said Act reques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under Section 256(2) of the said Act. 4. It has been sought to be submitted by learned counsel, Mr. J.K. Singhi, for the petitioner that there was a question of law involved in the matter for which reference application was made before the Tribunal, however the Tribunal has wrongly rejected the same, holding that no referable question of law had arisen from the order of the Tribunal. 5. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et assessee's expenses on different dates to the tune of Rs. 52,170/-. Against this, the assessee allotted shares worth Rs. 1 lakh to Smt. Manji Kharari and the balance was shown to her credit. When the Assessing Officer enquired, Smt. Manju Kharari confirmed these transactions. The Assessing Officer, however, did not accept this explanation and treated Rs. 1,22,000/- as assessee's income from und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question of law." 6. In view of the above order passed by the Tribunal and in view of the ratio of the judgments laid down by this court in the above mentioned cases, which have been followed by the Tribunal, we do not find any substance in the present reference application. There being no question of law involved in the instant case, the reference application deserves to be dismissed and is acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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