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Judgment
This is a reference application u/s 256(2) of the Income Tax Act, 1961, filed by the Commisioner for issuing direction to the Tribunal to refer following two questions of law said to be arising out of Tribunal''s decision in ITA No. 109/Jp/90 for assessment year 1985-86 :
"Whether, on the facts and in the circumstances of the case, the Hon''ble Tribunal was legally justified in holding that the consumption of silver was verifiable with reference to the stock register maintained monthwise and that though daily consumption was not recorded, yet the department was required to point out specific defects for rejecting the books of accounts in view of the fact that slips for consumption of silver claimed to have been kept by the assessee were not verifiable and the consumption of silver in this year is higher than in the preceding year though the type of production continued to be the same ?
Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in making an order following their own decision in the case of assessee itself for assessment year 1984-85 wherein the Tribunal maintained the order of the Commissioner (Appeals) who accepted reports of the assessing officer as relevant piece of evidence who has handed over the charge and the new incumbent subsequently appeared when the officer who passed the assessment order submitted contradictory reports i.e., in favour of the assessee when specifically clarified by the said officer that the report was in his personal capacity ?"
It has been pointed out by the learned counsel for the parties that the very two questions have been made subject-matter of application u/s 256(2) of the Income Tax Act in the case of very same assessee for the assessment year 1984-85 in IT Ref. No. 12/95 which has been decided on 10-7-2000, holding that the findings reached by the Tribunal are findings of fact on appreciation of evidence and does not give rise to the question of law which is required to be considered by this court in reference.
Following the aforesaid decision, this application is also rejected.