2008 (7) TMI 57

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....veen Saini, for the assessee. JUDGMENT SATISH KUMAR MITTAL, J. - The Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') has referred the following substantial questions of law for the opinion of this court, which are arising out of ITA No.169 of 1981 in case of the assessee for the Assessment Year 1979-80:- "1. Whether the Tribunal was ....

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....establish its genuineness. By that time, Prithi Singh had expired and the assessee came forward with an affidavit of Dharam Singh son of Prithi Singh in support of his contention. The Assessing Officer asked the assessee to produce Dharam Singh and to file the evidence of agricultural income and mutation of land etc. In response to the said requirement, the assessee filed the revised return on 17.....

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....s stated by the lower authorities, the cash credit was undoubtedly not genuine, but in its opinion it could not be subjected to tax for the Assessment Year under consideration as it does not fall in the "previous year" which started much after the said credit found place in the books before the business was set up. 4. Against the aforesaid order, the Department got referred the aforesaid two su....

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....) wherein the question referred by the Tribunal was not considered by this Court because the amount involved was very small. This view is also supported from the judgment of the Full Bench of this Court in Commissioner of Income-tax vs. Smt. Aruna Luthra, [2001] 252 ITR 76 (P&H), wherein it has been observed that 'on a consideration of the matter, we find that the dispute relates to the assessment....