1985 (9) TMI 36

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.... D. S. TEWATIA J.-The Revenue has approached this court under section 256(2) of the Income-tax Act, 1961 (for short, " the Act ") for a direction to the Tribunal to refer the following questions formulated in the petition for the opinion of this court : " (i) Whether, on the facts and in the circumstances of the case, the Tribunal's finding that the payments amounting to Rs. 2,12,109 could not ....

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....ntended that the question that falls for consideration is a mixed question of law and fact and sought to sustain his contention from the decision of this court CIT v. Avtar Singh & Sons [1981] 129 ITR 671. In our opinion, the ratio of this case is not attracted to the facts and circumstances as found by the Tribunal in the present case. That was a case in which the Appellate Assistant Commissioner....

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.... In the present case, the explanation offered by the assessee is that for effecting purchases, cash payments were made as a large number of cheques issued by the assessee were being dishonoured by the bank and that the sellers insisted upon cash payment. In the certificates that had been filed by the assessee from the sellers, it had been admitted by the sellers that they had insisted upon cash....