1995 (11) TMI 76

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.... The applicant, Commissioner of Income-tax, Bhopal, has filed this application under section 256(2) of the Income-tax Act, 1961, seeking a direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer the question of law to this court arising out of its order dated October 20, 1993, passed in I. T. A. No. 889/(Ind) of 1992. The facts lie in a narrow compass. The assessee w....

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....ant assessment year. On appeal, the Commissioner of Income-tax (Appeals) set aside the assessment with the observation that it needed to be verified as to how the money received was utilised. On further appeal, the Tribunal held that the interest accrued during the period when the assessee was observing the cash system of accountancy can be allowed in which it had to switch over to the mercantile ....

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....? " On September 25, 1995, a show-cause notice against the admission was issued. We have heard Shri D. D. Vyas, learned counsel for the applicant, and Shri J. W. Mahajan, learned counsel for the non-applicant, on the question of admission. The Tribunal concluded and allowed the appeal as under : The addition is apparently arbitrary without advertence to the facts on record. It is not t....

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....of law and arises out of the order passed by the Tribunal. Shri Mahajan opposing the admission contended that the order of the Tribunal is based on appreciation of facts and does not give rise to any question of law. He placed reliance on CIT v. Kesoram Industries and Cotton Mills Ltd. [1993] 204 ITR 154 (Cal). In our view, it is a pure question of finding of fact. This finding of fact, not sho....