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TMI Blog1975 (9) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred to as " the Act "), for a direction to the Appellate Tribunal to state a case and refer the following question for opinion of the court : " Whether, on the facts and in the circumstances of the case, the Tribunal is justified in deleting the inclusion of Rs. 8,000 as income from undisclosed sources and the findings arrived at are vitiated ?" The assessee is an individual. The relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as income from other sources. The Appellate Assistant Commissioner sustained the additions. In further appeal before the Tribunal, it was held : " With reference to the amount standing in the name of Sri Amarjit Singh, there is no evidence that the amount had been invested by the assessee in her minor son's name. The fact that the grandfather had plied a truck in Iran and thus had opulence can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amarjit Singh. With regard to Rs. 8,000, the plea of the assessee about the proceeds of the truck was raised before the Income-tax Officer but in the absence of any contemporaneous evidence regarding the ownership of the sale price of the truck, the explanation was rejected. Looking to the status of the assessee and the fact that she had a truck a certified copy wherefor has been shown to me, I ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ownership was established, the Appellate Tribunal accepted the assessee 's statement that the truck had been sold in 1960 and the entire sale proceeds were left with the assessee's husband. This explanation has been accepted by the Tribunal. The matter must be taken to have been concluded by a finding of fact and the question which has been posed for reference is not one of law in the facts and ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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