Prakash Krishna, J. - (1.) The Income-tax Appellate Tribunal, Allahabad, has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the opinions of this court : "Whether upon the facts and circumstances of the case, the Income-tax Appellate Tribunal was legally right in setting aside the order of the Commissioner of Income-tax (Appeals) in respect of (i) Rs. 1,93,183 in biri account (ii) Rs. 5,16,279 in wrapper, label and labelling account, Rs. 2,00,850 in tobacco account and Rs. 1,50,000 cash credit in the name of Vishwanath Singh on the ground that the Commissioner of Income-tax (Appeals) failed to follow the mandatory provision regarding recording of reasons before admitting new evidence at the appellate stage and also on the ground that no opportunity was afforded to the Income-tax Officer to rebut the evidence ?"
(2.) Briefly stated the facts in the present case are as follows :
(3.) The matter relates to the assessment year 1974-75. The assessee is individual and disclosed income from the salary, house property, business and from the beneficial interest in the waqf, M/s. Haji Lal Mohd. Biri Works, Allahabad.;