Commissioner of Income Tax vs Babu Lal Shyam Dass Vijay Kumar and Party

The assessee while making purchases during the previous year relevant to assessment year 1990-1991 made payment by way of cheques as well as by cash for purchases. Assessing officer treated the purchases in question as genuine. The revenue appealed to the Commissioner (Appeals). The Commissioner (Appeals) was of the view that the purchases made by the assessee were genuine. Thereafter, the matter was carried in appeal to the Tribunal. While one member of the Tribunal was of the opinion that the cash purchases had not been proved to be genuine, the other member held that the purchases were genuine. In view of the difference of opinion between two members, the matter was referred to the third member. The third member on consideration of the material available on record came to the conclusion that the purchases and payments in dispute were genuine. Therefore, the Tribunal held that payments and purchases by the assessee were genuine. Since the question whether the purchases and payments in dispute were genuine is a question of fact, no question of law arises for consideration in the appeal, we decline to entertain the appeal. Accordingly, the appeal is dismissed.