https://www.taxtmi.com/caselaws?id=7900 An incidental observation on unexplained cash credits made by the Tribunal while deciding an assessee's appeal against enhancement of income did not amount to a "finding" under the second proviso to section 34(3) of the Indian Income-tax Act, 1922. A finding for that purpose must be a conclusion necessarily required for disposal of the appeal for the relevant assessment year; a remark used only as part of the reasoning process does not satisfy that test. As the cash-credit observation was not essential to granting or refusing relief in the appeal, it could not justify reopening of the assessment. en-us Mon, 16 Dec 1968 00:00:00 +0530 Mon, 23 Mar 2009 17:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7900 An incidental observation on unexplained cash credits made by the Tribunal while deciding an assessee's appeal against enhancement of income did not amount to a "finding" under the second proviso to section 34(3) of the Indian Income-tax Act, 1922. A finding for that purpose must be a conclusion necessarily required for disposal of the appeal for the relevant assessment year; a remark used only as part of the reasoning process does not satisfy that test. As the cash-credit observation was not essential to granting or refusing relief in the appeal, it could not justify reopening of the assessment. Case-Laws Income Tax Mon, 16 Dec 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7900