R.K.Gulati, J. - (1.) Through this application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Commissioner of Income-tax, Meerut, has desired that the Income-tax Appellate Tribunal (D), New Delhi, be directed to refer the following three questions for the opinion of this court : "1. Whether, on the facts and in the circumstances of the case, the Tribunal had sufficient material evidence to take the affidavits of the three persons on their face value ?
(2.) Whether, on the facts and in the circumstances of the case, the Tribunal was in possession of sufficient evidence to prove the genuineness of silver from the three persons ?
(3.) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct to delete the addition of Rs. 2,06,284 ?" 2. We have heard learned counsel for the parties. It is evident from the frame of questions that the controversy before the Tribunal was whether the addition of Rs. 2,06,284 could be sustained in view of the evidence and the material that were placed before it. 3. The dispute relates to the assessment year 1984-85 with the previous year ending March 31, 1984. The assessee is a partnership concern. During that year, it dealt, inter alia, in manufacture of silver brassing rods in which silver is used. During the course of the assessment proceedings, the Income-tax Officer noticed that having regard to the purchase of silver by the assessee between December 16, 1983, and February 3, 1984, and the goods manufactured, 54.515 kgs. of silver was not accounted for either in the goods manufactured and sold or in the goods in the closing stock. The explanation given by the assessee was not found acceptable. Thus, the Income-tax Officer made an addition of Rs. 2,06,284 to the income of the assessee with the narration "sale of silver not accounted for and purchase price recorded in account and debited to the purchases and trading account". When the matter came in appeal before the Commissioner of Income-tax (Appeals), for the first time, the assessee took the plea that it had temporarily borrowed silver of the quantity in dispute from three persons, earlier in the months of May and July, 1983, which was returned in the month of January and February, 1984. In support of the plea, the assessee also filed affidavits of those three persons, which were entertained by the Commissioner of Income-tax (Appeals) as additional evidence. The Commissioner of Income-tax (Appeals) called for a remand report from the Income-tax Officer who examined the affidavits and also cross-examined the persons filing the affidavits. However, on consideration of the remand report, when the matter came to be heard again by the Commissioner of Income-tax (Appeals), he dismissed the appeal.;