Supreme Court of India · 2001-09-14
J.J. Enterprises vs Commissioner Of Income-Tax
- Citation / case number
- [2002]254ITR216(SC)
- Court
- Supreme Court of India
- Petitioner
- J.J. Enterprises
- Respondent
- Commissioner Of Income-Tax
- Author
- S.P. Bharucha
- Bench
- S.P. Bharucha
Judgment text excerpt
The Supreme Court granted leave and allowed the appeal, setting aside the High Court's order that called for a reference under Section 256(2) of the Income-tax Act, 1961. The Court held that the Income-tax Appellate Tribunal's conclusion that the addition of Rs. 19,66,550 was based on 'pure guess work' was a matter of fact, and thus the Tribunal's decision was final. The Court emphasized that there was no basis for remanding the matter to the Assessing Officer for re-examination, as the question was not one of law but of fact.