- (1.) BY this application filed under Section 256(2) of the Income-tax Act, 1961, the assessee is asking this court to direct the Tribunal to state the following questions for the opinion of this court : "1. Whether on the facts and circumstances of the case, the Tribunal was legally justified in confirming the ad hoc addition of Rs. 75,000 towards the trading results without determining any basis or manner of computation of the true income, profits and gains of the assessee-company ? 2. Whether the Tribunal, being the final fact-finding body, was justified in ignoring the comparable case of Chandra Engineering Industries, Meerut, in whose case gross profit rate varying between 18 per cent. and 19 per cent. had been applied/accepted and whose file was also with the same Assessing Officer by holding that merely pointing out the comparable case to the' Income-tax Officer by the assessee was not enough thereby not following the Supreme Court judgment reported in CIT v. K.Y. Pilliah and Sons [1967] 63 ITR 411 though referred to in para 2 of the Tribunal's order as was cited before the Tribunal by the applicant ? 3. Whether the Tribunal was legally justified in confirming the ad hoc addition of Rs. 75,000 towards the trading results only because of non-maintenance of stock register and the auditor's report, thereby ignoring the observations of the learned Commissioner of Income-tax (Appeals), vide para 5 of his order, that only two vouchers worth Rs. 5,000 and Rs. 583 were not available meaning thereby that all the purchases, sales and expenses were vouched and verifiable and there was no material brought on the record to prove any suppression in turnover, inflation in purchases and/or expenses ? and 4. Whether in view of the Tribunal's own finding in para. 4-2 of its order that in the assessee's case the gross profit rate varied between 22 per cent. to 25.8 per cent. in various years coupled with the fact that during the year under reference, the turnover had gone up almost thrice that of the preceding year which included large turnover of trading only, the Tribunal was legally justified in confirming the ad hoc addition of Rs. 75,000 towards the trading results, thereby also ignoring acceptance of trading results by the sales tax authorities ?"
(2.) WE have gone through the order of the Tribunal. WE do not think that the questions of law, as suggested by the assessee, do arise from it. The assessee is a private limited company. It was round that it did not, maintain accounts in a proper manner ; they were maintained on loose sheets. Accordingly, they were rejected. Having rejected the accounts, the authorities made an estimate of the income on the basis of material available and the past assessment orders. In the circumstances, it cannot be suggested that the estimate made is a pure guess or that it is not based on relevant material. No question of law can be said to arise from the order of the Tribunal within the meaning of Section 256(2) of the Income-tax Act. The application is dismissed.;