1979 (5) TMI 16

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..... the I.T. Act 1961 (hereinafter referred to as " the Act ") praying that the Tribunal be directed to refer the following questions of law to this court : "Whether, on the facts and in the circumstances of the, case, the finding of the Tribunal that Shri Gyan Chand had no sufficient funds to make the advance of the loan of Rs. 20,000 to Shri Tarsem Lal is vitiated by taking into consideration the i .....

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..... l to satisfactorily prove the loan of Rs. 20,000 from Shri Gyan Chand, the loan by the assessee from Shri Tarsem Lal is not proved ? " Briefly, the facts are that the assessee is a registered firm and carries on business of manufacturing staple cloth, purchase and sale of yarn and cloth. During the accounting year ending March 31, 1968, relevant to the assessment year 1968-69, the assessee filed .....

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..... s also dismissed on March 27, 1973. It then filed an application under s. 256(1) of the Act to refer the questions stated above for the opinion of this court which also met the same fate on August 5, 1974. Now the petitioner has come up in petition under s. 256(2) of the Act to this court. The only question that arises for determination is as to whether the questions required by the assessee to b .....

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..... ribunal that the statement of Gujjar Mal was inadmissible in evidence. Unless this matter was raised before the Tribunal, it cannot be raised in this court. The Tribunal is the final court to decide the matters relating to facts. It was also not contended before the Tribunal that any material on the record had not been taken into consideration by it while deciding the appeal. For the said reasons, .....

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..... ed, no question of law arises in this regard. It is evident that the assessee wants reference regarding those questions which are purely of facts and which have been decided by the Tribunal. In the circumstances, there is no merit in the petition. For the reasons recorded above, the petition fails and the same is dismissed, with no order as to costs. J. V. GUPTA J.-I agree.
Case laws, Decisi .....

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