9911796707
TMI Blog2002 (11) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... ns. - no referable question of law arises. The reference application is rejected. - - - - - Dated:- 14-11-2002 - Judge(s) : N. N. MATHUR., H. R. PANWAR. JUDGMENT The judgment of the court was delivered by N.N. MATHUR J.-This reference application at the instance of the assessee, Jasraj Ganeshmal, is filed under section 256(2) of the Income-tax Act, 1961, seeking a direction to call for questions of law formulated in para. 12 Of the application arising from the order of the Income-tax Appellate Tribunal, Jodhpur, dated April 12, 2001. The brief facts of the case are that the assessee-firm is mainly a commission agent selling deshi ghee of various brands on arhat/commission basis. During the year under consideration, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Agency and Parasmal Kanaji were brought into the picture only with a view to give a colour of genuineness to the so-called transactions and in reality the transactions in question pertained to the assessee. On further appeal, the Tribunal agreed with the conclusions drawn by the first appellate authority and found that goods were not actually handed over to various parties and the assessee has only tried to reduce its total income. The assessee-applicant moved an application under section 256(1) of the Income-tax Act before the Tribunal for referring the question of law set out in the application for the opinion of this court. The said application was rejected on the ground that the findings arrived at are findings of fact and no referable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h in great depth and detail in the order of the Commissioner of Income-tax (Appeals). He has read before us the order of the Commissioner of Income-tax (Appeals). Having read the order of the Commissioner of Income-tax (Appeals) and the order of the Tribunal, we are satisfied that no referable question of law arises. However, for the sake of reference, it will be convenient to extract the relevant portion of the order of the Commissioner of Income-tax (Appeals) as follows: "After due consideration of the different facts referred to in the impugned assessment the concerned authority was well justified in that otherwise was liable to be paid by of the contentions of the appellant is that these different concerns, namely, agencies were indep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e various transactions clearly indicates that the sister concerns or Sh. Parasmal Kanaji were brought into picture only with a view to give a colour of genuineness to the so-called transactions even though in reality the transactions in question were really pertaining to the appellant and no one else. The so-called sale bills, etc. could not have been taken for granted as a reliable piece of evidence if taken into consideration. The facts on record indicated that even though certain agencies, there is no iota of evidence to indicate that any expenditure or transportation of the goods has really been incurred by any of the concerns so as to have really changed hands from the appellant to the sister concerns or from the sister concerns to Sh. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven the so-called expenditure of Rs. 12 debited in the books of the appellant can hardly come to its rescue so as to warrant a different presumption than what has been referred to in the impugned assessment order. In regard to the transactions dated August 31, 1984, September 1, 1984, and September 3, 1984, pertaining to the dealings by the appellant to the Sancheti Trading Co. by Sancheti Trading Co. to Parasmal Kanaji and by Parasmal Kanaji to the appellant respectively, it is seen that even though an expenditure of Rs. 227 is shown in the books of Sancheti Trading Co. on September 1, 1984, and another expenditure of Rs. 12 is shown in the books of the appellant but no specific details whatsoever are available so as to indicate that this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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