1984 (11) TMI 54 - HC - Income Tax

Court dismisses application seeking referral of questions under Income-tax Act; Tribunal decisions upheld based on evidence.

The court dismissed the application seeking referral of questions under section 256(2) of the Income-tax Act, 1961 regarding additions made in the ... Income From Undisclosed Sources, Reference Issues:1. Referral of questions under section 256(2) of the Income-tax Act, 1961 regarding additions made in the assessment year 1977-78.2. Justification of additions under sections 69 and 69A of the Income-tax Act without discharging the onus of proof.3. Validity of the Tribunal's decision on unexplained income from silver ornaments, bullion, and coins.4. Valuation of silver ornaments based on legal evidence.5. Adjudication on the addition of unexplained value of gold ornaments.6. Rejection of the claim of gold ornaments belonging to a specific individual.Analysis:The judgment dealt with an application under section 256(2) of the Income-tax Act, 1961, where the assessee firm sought referral of questions regarding additions made in the assessment year 1977-78. The Tribunal had sustained additions of Rs. 54,100 and Rs. 82,400 in the hands of the assessee-firm under sections 69 and 69A without discharging the onus of proof. The court analyzed whether the Tribunal's findings were based on relevant evidence and if the onus of proof was met by the Department. It was held that no question of law arose from the Tribunal's findings on these additions.Regarding the unexplained income from silver ornaments, bullion, and coins, the Tribunal had upheld the addition without disputing the weight and rate applied by the assessing officer. The court found that the estimation of impurity in the silver was a question of fact, and no legal question arose from the findings on this issue. Therefore, the court dismissed the application as the issue was deemed factual and not a matter of law.The judgment also addressed the valuation of silver ornaments at Rs. 82,400, questioning if it was based on legal evidence. The court did not find any material omission in the Tribunal's consideration of the evidence, leading to the conclusion that no question of law arose from the valuation of the silver ornaments.Furthermore, the court examined the Tribunal's decision on the addition of unexplained value of gold ornaments and the rejection of the claim regarding specific gold ornaments. It was argued that the Tribunal erred in rejecting the claim based on the weight of the gold ornaments belonging to a particular individual. However, the court found that the Tribunal's decision was based on factual findings and did not give rise to any legal question warranting referral to the court.In conclusion, the court dismissed the application, stating that no question of law arose from the Tribunal's findings on the various issues raised by the assessee firm.