- (1.) These appeals raise a common question of law for decision. In fact, two appeals were unnecessary. It would have been sufficient if the appellant had filed only one appeal. The two appeals came to be filed because before the tribunal there was an appeal and cross-objection. But both the appeals related to the same matter and they arise out of the same order
(2.) The only question arising for decision in this case is whether the tribunal was justified in refusing to refer a question of law arising from its order.
(3.) We shall presently set out the relevant facts. Aggrieved by the decision of the tribunal, the Commissioner of Income-tax, Andhra Pradesh, moved the tribunal under S. 256 (1) of the Income-tax Act, 1961. to submit to the High court the following question of law Whether, on the facts and in the circumstances of the case, and having held that the assessee was in the habit of recording cash purchases as credit purchases and the cash credits remained unexplained was the income-tax Appellate tribunal justified in deleting the addition of rs. 35,996 made by the Income-tax Officer for the assessment year 1963-64 giving the benefit of the intangible additions made in the preceding two years ;