JUDGEMENT
A.P. Misra, J. -
(1.) In the present application under Section 256(2) of the Income-tax Act, 1961, the applicant has sought for the following questions of law for reference :
" 1. Whether there was any material with the Tribunal to hold in law that besides the loans admittedly received by the assessee from the L. I. C. of Rs. 10,790 and of Rs. 35,000 from Nagar Mahapalika and income from salary and private practice of the past so many years, the assessee had made, in this very year, unexplained investment of Rs. 41,288 in the construction of the house though as per the diary seized during the search the said amount represented the investment over a period of six years from 1979-80 to 1984-85, during which period the construction of the house had lasted besides the admitted borrowings of Rs. 45,790 ?
(2.) Whether there was any application of mind by the Tribunal in considering that there was an unexplained investment of Rs. 41,288 by the assessee in this year in the construction of the house ?
(3.) Whether the estimate of income from private practice at Rs. 32,500 was on any proper material and was not based on mere surmises and conjecture ?;
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