JHAMATMAL TAKHATMAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an application under Section 256(2) of the Income-tax Act, 1961.

(2.) THE material facts giving rise to this reference, briefly, are as follows. While framing the assessment of the assessee for the assessment year in question, the Income-tax Officer made an addition of Rs. 59,000 as income from undisclosed sources. THE appeal preferred by the assessee in that behalf before the Appellate Assistant Commissioner was rejected. On further appeal before the Tribunal, the Tribunal also upheld the order passed by the Income-tax Officer in this behalf. THE Tribunal also rejected the contention urged on behalf of the assessee that, in any event, the amount of Rs. 20,000 which was the peak credit should have been taken into consideration. Aggrieved by the order passed by the Tribunal, the assessee sought reference, but the application submitted by the assessee in that behalf was rejected. Hence, the assessee has filed this application for directing the Tribunal to refer the following questions of law to this court for its opinion :