Factual finding on delay in filing return did not raise a referable question of law under the Income-tax Act.

The Tribunal's finding that the assessee failed to furnish the return in time without reasonable cause was treated as a factual determination based on the evidence and the explanation offered for the delay. As the dispute depended on appreciation of facts rather than interpretation of law, no referable question of law arose under section 256(2) of the Income-tax Act, 1961. The reference application was therefore rejected.

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Issues: Whether, on the facts and in the circumstances of the case, any question of law arose from the Tribunal's finding that the assessee had failed to furnish the return in time without reasonable cause, so as to justify a reference under section 256(2) of the Income-tax Act, 1961.

Analysis: The Tribunal had considered the assessee's explanation and the material on record and recorded a finding that no reasonable cause for the delay in filing the return was made out. That finding was based on the evidence and was essentially factual in nature. Since the controversy turned on appreciation of the facts and the explanation offered for the delay, it did not give rise to a referable question of law.

Conclusion: No question of law arose from the Tribunal's order, and the application for reference was rejected.

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