Sudhir Bhasin and Vijay Kumar Bhasin vs Commissioner of Income Tax

M.M. Kumar, J.

The Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (''the Tribunal''), by exercising its power u/s 256(1) of the Income Tax Act, 1961 (hereinafter referred to as - the Act) has referred the following questions of law, which are stated to have emerged from consolidated order dated 28-7-1997, in IT Appeal Nos. 1573/91 and 1574/91, in respect of assessment year 1989-90:

Whether on the facts and circumstances of the case, addition of Rs. 15,000 stated to have been received by the assessee from Shri Nishan Singh has, in law, rightly been upheld by the Income Tax Appellate Tribunal?

Whether on the facts and circumstances of the case, the Tribunal has, in law, rightly upheld the addition of Rs. 9,603 and Rs. 11,000?

A perusal of the consolidated order passed by the Tribunal shows that it has been categorically concluded that the assessee-applicant did not satisfactorily explain the source of Rs. 30,000 and, therefore, the assessing officer was justified in taxing the amount of Rs. 15,000 in his hand and Rs. 15,000 in the hands of his brother Shri Vijay Kumar. The addition was, accordingly, confirmed. There is nothing on record to suggest that the additions are unwarranted or perverse. Likewise, in respect of addition of Rs. 9,603 the finding recorded by the Tribunal is that the addition made by the assessing officer on account of household expenses was justified. Therefore, there is no room to conclude that any question of law would arise for determination of this court. Accordingly, the questions are returned unanswered.