- (1.) Having heard counsel for the parties, we are satisfied that the following two questions are statable questions of law : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there were no materials before the Commissioner of Income-tax to justify his finding that the assessment made under Section 143(1) was erroneous in so far as it was prejudicial to the interests of the Revenue ? (2) Whether the Tribunal's order is wrong on facts and in law in taking into consideration incorrect facts and facts not relevant to the case and in ignoring relevant facts and findings in the order under appeal ?"
(2.) Therefore, we direct the Income-tax Appellate Tribunal to draw up a statement of the case with regard to the aforesaid questions and submit the same to this court for its opinion.
(3.) The case relied upon by the assessee is distinguishable as, in the instant case, the Commissioner had found that there was no evidence on record to prove that the assessee was actually doing any business ; that it was to accommodate Hari Om Agrawal to explain an investment of rupees two lakhs that the assessee furnished the return, got the assessment completed and paid the taxes. The Tribunal upset the order of the Commissioner without recording proper findings on the above aspects of the matter which require consideration.;