- (1.) THIS is an application by the assessee under S. 256(2) raising the following questions for the opinion of this Court : ''(i) Whether the Tribunal was justified in law and facts to confirm the addition for alleged violation of S. 269SS and treated the same as unexplained cash credit ? (ii) Whether entire order is not vitiated for non-consideration and disposal of the various aspects of the case which were raised before it and for consideration of the matters beyond the subject- matter of appeal as raised by the Departmental Representative ? (iii) Whether the assessee was entitled to the reduction of income of 80,000, if the advance of 80,000 is treated as cash credit since in view of the event the sales shown would be required to be reduced by 80,000 ?''
(2.) THE question before the Tribunal was whether cash credit entry of 80,000 appearing in the name of M/s United Plastics, Allahabad in the books of the assessee was genuine. The Tribunal concluded that upon enquiry it was discovered that the said party was fictitious and that the applicant also failed to produce the said party before the assessing authority to prove the genuineness of the cash credit amounting to Rs. 80,000. Therefore, the cash credit entry of Rs. 80,000 was held to be unexplained and the addition was made in view of S. 68. On these facts, we are of the view that no question of law arises from the findings recorded by the Tribunal, which in our view, are purely findings of fact. The application is, therefore, rejected.;