Punjab-Haryana High Court
Commissioner Of Income Tax vs K.S. Bhatia on 16 September, 2002
Equivalent citations: (2003)179CTR(P&H)41, [2004]269ITR577(P&H)
Author: Virender Singh
Bench: Virender Singh
JUDGMENT N.K. Sodhi, J.
1. This is a petition under Section 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 Section 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 Section 256(2) of the Act is also dismissed.