| Case ID |
4285fe15-4ea9-42f7-948b-fbd502642f74 |
| Body |
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| Case Number |
D. B. Income-tax Reference No.42 of 1996 |
| Decision Date |
Aug 04, 1997 |
| Hearing Date |
|
| Decision |
The Rajasthan High Court dismissed the application filed by the Revenue under section 256(2) of the Income Tax Act, 1961, seeking a reference to the court regarding the Income-tax Appellate Tribunal's decisions. The court found that the issues raised were questions of fact and did not give rise to any question of law. The Tribunal's findings that included the deletion of additions made by the Assessing Officer regarding unexplained sales, closing stock, and cash credits were upheld as factual determinations, affirming that the Tribunal acted within its jurisdiction. The court also noted that the arguments presented by the Revenue did not establish any legal errors in the Tribunal's reasoning. Consequently, the application was dismissed, reinforcing the principle that findings of fact by the Tribunal are binding unless shown to be perverse or unreasonable. |
| Summary |
This case pertains to an application under section 256(2) of the Income Tax Act, 1961, where the Revenue sought to refer questions of law to the Rajasthan High Court regarding the Income-tax Appellate Tribunal's decisions. The core issues revolved around the Tribunal's deletion of additions related to unexplained income from sales, closing stock, and cash credits. The court found that the Tribunal's findings were based on factual determinations, which do not raise questions of law. The judges emphasized that the Revenue's arguments did not demonstrate any legal errors, leading to the conclusion that the application lacked merit. This case illustrates the boundaries of appellate review in tax matters, particularly regarding the distinction between questions of fact and questions of law. The decision reinforces the principle that factual findings by the Tribunal are generally not subject to judicial scrutiny unless they are manifestly unreasonable. Key phrases include 'Income Tax Act', 'Rajasthan High Court', and 'Tribunal findings'. |
| Court |
Rajasthan High Court
|
| Entities Involved |
Not available
|
| Judges |
B. R. ARORA,
B. S. CHOUHAN
|
| Lawyers |
Sandeep Bhandawat,
Vineet Kothari
|
| Petitioners |
COMMISSIONER OF Income Tax
|
| Respondents |
PUSHPA RAJ MEHTA
|
| Citations |
2000 SLD 428,
2000 PTD 3074,
(1999) 237 ITR 638
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
256
|