1995 (3) TMI 67

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..... tax Act, 1961, the Revenue seeks a direction to the Income-tax Appellate Tribunal to state a case and refer to this court for its opinion, the following question of law, relevant to the assessment year 1984-85 "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in deleting from the assessable income for the assessment year 1984-85, th .....

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..... e filed an application under section 256(1) before the Tribunal for referring the aforesaid question to this court for its opinion which was rejected, holding that no legal controversy giving rise to a referable question of law arises, out of the order of the Tribunal. We have heard learned counsel for the Revenue as also the assessee. It appears that the learned Tribunal has allowed the appeal .....

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..... ideration in the instant case. Accordingly, we feel that a question of law does arise out of the order of the Tribunal in the instant case. Learned counsel for the assessee submitted before us that the words "unexplained" amount of Rs. 7 lakhs do not arise out of the order of the Tribunal inasmuch as the Tribunal has never held that the amount of Rs. 7 lakhs was unexplained, which was a mere sub .....

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