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Judgment
Heard learned counsel for the parties.
On an application u/s 256(2) of the Income Tax Act. Tribunal has referred the following question for the opinion of this court:-
"Whether on the facts and in the circumstances of the case the Tribunal erred in law in sustaining the additions made by the assessing officer on the ground that complete production record was not maintained although it was claimed by the assessee that complete production record could not have been maintained in the facts and circumstances of assessee''s case?"
The limited controversy raised in the question is that Tribunal has sustained the addition made by the assessing officer on the ground that complete production record was not maintained and the claim of the assessee was that complete production record could not have been maintained in the facts and circumstances of the case.
Once the complete production record has not been maintained and that has not been disputed, the only explanation was given that it could not have been maintained. If some addition is made on that account, that is basically a question of appreciation of fact. Learned counsel has not shown any reason how the finding is perverse. We see no reason to interfere in the order of the Tribunal.
In the result, we answer the question in favour of the revenue and against the assessee.
The reference so made stands disposed of accordingly.