R.R.MISRA, J. - (1.) AGGRIEVED against the order of Tribunal, the CIT has raised the following question in his application under S. 256 (2) of the IT Act, praying for a direction to the Tribunal to refer the following question alleged to be a question of law for the opinion of this Court : "Whether the order of the Tribunal holding that the income of the assessee should be worked out by applying a net profit rate of 11.5 per cent gross receipts has not got vitiated for its failure to consider and duly appreciate the relevant facts on record ?"
(2.) IT has been urged by ld. counsel for the applicant that the finding of the Tribunal that it was a no accounts case is not correct. Firstly, the finding of the Tribunal in this behalf is essentially a finding of fact. Secondly, the question which is sought to be referred to this Court is not a question that the aforesaid finding of the Tribunal is perverse or arbitrary. In this view of the matter we find no force in this submission. Another submission made by the ld. counsel for the applicant was that the Tribunal has ignored to consider certain materials on record. A perusal of paragraph 2 of the order dt. 19th may, 1984, passed by the Tribunal rejecting the reference application of the applicant, however, shows that nothing was pointed out by the Revenue before the Tribunal itself as to what material has been ignored by the Tribunal from its consideration. This contention therefore does not merit consideration by us.
(3.) IN the result we find that no statable question of law arises out of the appellate order of the Tribunal. The application has no merit. It is accordingly dismissed. Since nobody has appeared to oppose the present application, there shall be no order as to costs.;