2001 (8) TMI 35

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....direction given by this court under section 256(2) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Delhi Bench "E", Delhi (in short "the Tribunal"), has referred the following questions for the opinion of this court: "(1) Whether there was material on record to justify, the conclusion that there was no agreement between the petitioner and Smt. Promila Nawlakha to jointly purchas....

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....sition in a nutshell is as follows: The assessee is an individual. For the assessment year in question, he had excluded a sum of Rs.42,996 as jackpot winnings from Royal Calcutta Turf Club claiming that he had won the jackpot jointly with his sister-in-law, Smt. Promila Nawlakha. Both the assessee and his sister-in-law filed affidavits stating that the jackpot ticket was purchased jointly by th....

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....ce was made under section 256(1) of the Act, which was turned down. But as noted above this court directed a reference on being moved under section 256(2) of the Act. We have heard learned counsel for the Revenue. There is no appearance on behalf of the assessee. Learned counsel for the Revenue submitted that the conclusions of the Tribunal are essentially factual giving rise to no question ....