1994 (4) TMI 6

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..... tions filed by the Revenue under section 256(2) of the Income-tax Act, 1961. The dispute relates to assessments for the years 1971-72, 1972-73 and 1973-74 as also penalty proceedings for the year 1973-74. The respondent's husband, the late Ganesh Prasad Jaiswal, filed a return for the assessment year 1972-73 on February 29, 1973, on behalf of his Hindu undivided family. He showed the income of Rs .....

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..... s. The Income-tax Officer was satisfied that the acquisition of the business in the names of the two sons was benami. He issued notice to show cause why the income of the two sons should not be added to the income of the assessee as a Hindu undivided family. The reply set up a plea of partial partition in which allegedly cash amount was given to the two sons who started business with such amount. .....

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..... een filed in the High Court regarding the assessment year 1971-72 also under section 256(2) of the Act challenging the partial partition, the particulars of the application are not given. The finding sought to be challenged is essentially a finding of fact based on an earlier finding of the Tribunal. We do not think that any question of law arises requiring direction to the Tribunal to state a ca .....

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