2011 (9) TMI 547

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....la M. Trivedi, J - The present income tax reference application has been made under Section 256(2) of the Income Tax Act, 1961 (hereinafter to be referred to as "the said Act") by the applicant Commissioner of Income Tax, Jaipur, against the order dated 28.10.93 passed by the Income Tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter to be referred to as "the Tribunal") in RA No. 326/JP/9....

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....d the said appeal of the Revenue. The Revenue thereafter submitted a reference application under Section 256(1) of the said Act requesting the Tribunal to refer the following questions of law for the opinion of the High Court :- "Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in upholding the decision of the CIT (A) who deleted the addition of R....

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....r the Tribunal has wrongly rejected the same, holding that no referable question of law had arisen from the order of the Tribunal. 5. It is pertinent to note that the order dated 10.3.89 of Commissioner of Income Tax (Appeals) allowing the appeal of the assessee, was upheld by the Tribunal vide its order dated 28.8.92 by giving reasoned order. Thereafter the reference application filed by the R....

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....hese transactions. The Assessing Officer, however, did not accept this explanation and treated Rs. 1,22,000/- as assessee's income from undisclosed sources. The CIT (Appeals) deleted the addition. On an appeal filed by the Revenue, the Tribunal upheld his decision taking into account the evidence on record and all the facts and circumstances of the case. The Tribunal, thus, upheld the genuineness ....