1990 (8) TMI 112

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 256(2) of the Income-tax Act, 1961, the assessee is asking the following five questions to be stated under section 256(2) of the Act : "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that Kashmir Traders, Lucknow, was not a genuine party and that it never existed as a tenant and as such the purchase of scrap from this party w .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... versing the order of the Appellate Assistant Commissioner sustaining the addition of Rs. 1,02,000 made by the Income-tax Officer is vitiated by failure to consider the relevant facts and material and consideration of irrelevant facts and placing reliance on conjectures and surmises ?" All these questions pertain only to one aspect, namely, whether the Income-tax Officer was right in holding that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e had allowed the assessee's appeal and, accordingly, allowed the appeal whereupon the assessee applied for reference under section 256(1) which was refused. A reading of the Income-tax Officer's order shows that ample opportunity was given to the assessee to prove the existence of the said Kashmir Traders, Hazratganj, Lucknow. The report of the Income-tax Officer, Lucknow, shows that no such par .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X