High Court Of Punjab & Haryana
CIT vs. K.S. Bhatia
Section 256(2)
Asst. Year 1987-88
N.K. Sodhi & Virender Singh, JJ.
ITC No. 94 of 1999
16th September, 2002
Counsel Appeared
R.P. Sawhney with N.G. Sharma, for the Petitioner : B.S. Gupta with Sanjay Bansal, for the Respondent
JUDGMENT
N.K. Sodhi, J. :
This is a petition under s. 256(2) of the IT Act, 1961, seeking a mandamus to the Tribunal, Delhi, to draw up a statement of the case and refer to this Court the question of law which, according to the Department, arises from the order of the Tribunal dt. 13th Feb., 1998, pertaining to the asst. yr. 1987-88.
2. We have heard counsel for the parties and perused the order of the Tribunal. The additions made by the AO were deleted by the CIT(A), Faridabad, and the Tribunal on accepting the explanation furnishing by the assessee. The Tribunal also found as under : “In the absence of a definite finding that the case of the assessee comes within the ken of the first proviso to s. 145(1), it is not possible for the AO to reject the book results and make addition to the gross profit. The mere fact that the profits are low compared to the earlier year is not a circumstance or material aliunde which could justify an estimate in the circumstances of the case.” We are clearly of the view that no referable question arises from the order of the Tribunal and that it was right in rejecting the reference application filed by the Department. In the result, the present petition filed under s. 256(2) of the Act is also dismissed.
[Citation : 269 ITR 577]
