Pure finding of fact on job work and silver investment addition did not raise a referable question of law.

The Tribunal's finding that the assessee was engaged only in job work, and that the addition for unexplained investment in silver was not justified, was treated as a pure finding of fact. The High Court noted that the conclusion rested on vouchers and the parties' past course of dealing, and that the assessing authority had not examined the persons whose particulars appeared in some vouchers. It held that the absence of complete particulars in some vouchers did not by itself create a referable question of law under section 256(2) of the Income-tax Act, 1961, and found no perversity in the Tribunal's view. The request for reference was declined.

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Issues: Whether the Tribunal's finding that the assessee was engaged only in job work and that the addition for unexplained investment in silver was not justified gave rise to a referable question of law under section 256(2) of the Income-tax Act, 1961.

Analysis: The Tribunal had recorded a factual finding, on the basis of the vouchers and the past accepted course of dealing, that the assessee was carrying on job work. The record did not show that the assessing authority had examined the parties whose particulars were available in some vouchers. The Court found no perversity in the Tribunal's conclusion and held that the fact that complete particulars were absent in some vouchers did not convert the finding into a question of law.

Conclusion: The Tribunal's finding was a pure finding of fact, no question of law arose, and the request to require a reference was declined.

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