JUDGMENT
1. This is an application under Section 256(2) of the Income-tax Act, 1961, filed by the Commissioner of Income-tax.
2. Having heard learned counsel for the Commissioner of Income-tax, we are of the opinion that the following questions of law arise out of the order passed by the Income-tax Appellate Tribunal.
"(1) Whether, on the facts and in the circumstances of the case, there was any legal basis for the Income-tax Appellate Tribunal to come to the conclusion that the sum of Rs. 1,21,139 as a claim together with Rs. 1,24,051 received by the assessee in the financial year relevant to the assessment year under consideration did not constitute income in the assessee's hands which could be subjected to tax ?
(2) Whether the amount under dispute became the income of the assessee and taxable in his hands, on the basis of the accounting followed by him, the moment the assessee deposited the same in F. D. R. and thereby became the real owner of the money ?"
3. We, therefore, direct the Income-tax Appellate Tribunal, Delhi Bench, to draw up a statement of the case and submit the same for the opinion of this court.