1990 (4) TMI 36

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m Delhi Automobiles (Pvt.) Ltd., in support of which the assessee had relied on the entry in the books of account of its creditor which was made on December 11, 1971. The said sum of Rs. 25,000 was added as an unexplained cash credit in the hands of the respondent. An appeal was filed, but the same was dismissed by the Appellate Assistant Commissioner. Thereafter, a second appeal was filed by the respondent. An order dated August 25, 1983, was passed in which it was stated that the explanation of the respondent was not satisfactory and the addition of Rs. 25,000 was confirmed. It appears that the respondent then moved a miscellaneous application to the effect that at the time of the hearing of the: appeal, the Tribunal had announced that....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n entertaining the miscellaneous application with regard to the issue of cash credit of Rs. 25000 in the name of Delhi Automobiles (P.) Ltd. which was finally confirmed in their order dated August 25, 1983, and the appeal on that point did not survive for further consideration ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the cash credit of Rs. 25,000 in the name of Delhi Automobiles (P.) Ltd. stood explained by ignoring their own earlier decision dated August 25, 1983, wherein it was held that the cash credit is not explained ?" The Tribunal dismissed the aforesaid applications under section 256(1) and now applications under section 256(2) have be....