1990 (5) TMI 39

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..... ought to be referred in this application under section 256(2) of the Income-tax Act, 1961. They are : " (a) Whether, on the basis of material available on the record, the Tribunal was right in law in holding that the Appellate Assistant Commissioner had the power to enhance the sale after relying on CIT v. Kanpur Coal Syndicate [1964] 53 ITR 225 (SC) ? (b) Whether, on the facts and in the circum .....

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..... Tribunal is correct. In this case, it may be remembered, the account books of the assessee were rejected. Having rejected the account books, the assessing authority took into account the order of the Sales Tax Appellate Tribunal while arriving at the estimate of income. The order of the Tribunal cannot be said to be irrelevant. There is no rule of law that there must necessarily be some evidence o .....

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