JAWAHAR LAL GUPTA,J. - (1.) THE respondent-assessee filed his return for the asst. yr. 1988-89. It claimed that the total income was Rs. 28,130. Vide order dt. 30th March, 1989, the assessing authority fixed the taxable income at Rs. 1,79,480. This was done on the assumption that the assessee filed an appeal. Vide order dt. 19th June, 1990, the CIT(A) accepted the assessee's claim partly. It held that the taxable income was Rs. 58,643. The order was affirmed by the Tribunal vide its order dt. 21st Jan., 1998. The Department filed an application under S. 256(1) of the IT Act, 1961, for a reference to this Court. Vide order dt. 3rd March, 1999, a copy of which has been produced as Annexure p. 3, the prayer for reference has been declined. Aggrieved by the order, the Revenue has filed this petition under s. 256(2). It prays that the Tribunal be directed to refer the following question for the opinion of this Court : "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in applying net profit rate of 10 per cent after deducting the cost of material supplied by the Department from the gross receipts, especially when the PWD Department itself allows the benefit of 10 per cent net profit rate on the cost of the project estimated by it ?"
(2.) WE have heard Mr. R.P. Sawhney, the learned counsel for the Revenue. The Tribunal has found that the assessee's profit had been computed at Rs. 1,24,475 without giving any reason. The decision is based on the peculiar facts of the case. We do not find that any question of law arises which may require consideration by this Court. Resultantly, the petition is dismissed.;