1984 (4) TMI 48

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....x, Jaipur, under s. 256(2) of the I.T. Act, 1961, for directing the Income-tax Appellate Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as " the Tribunal "), to draw up a statement of case and refer to this court for opinion the following questions mentioned in para. 4 of the said application "1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in ....

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.... had failed to substantiate that Harish Chandra is a benamidar of the assessee. According to the Tribunal, Harish Chandra was major when he entered into the transactions in question and he had made advances out of his withdrawals from the bank accounts of the two firms in which he was admitted to the benefits of partnership earlier. According to the Tribunal, the mere fact that Harish Chandra was ....

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....unsel for the Revenue. The assessee has failed to appear even though duly served. From a perusal of the questions which are sought to be referred, it may be seen that both the questions relate to the finding on the question as to whether Shri Harish Chandra was the benamidar of the assessee. The law is well-settled that a finding on the question as to whether particular transaction was a benami....