1. Leave granted.
The Tribunal had declined to make a reference, at the instance of the Revenue, of the following question :
"Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in upholding the deletion of Rs. 19,66,550 instead of setting aside the same to the file of the Assessing Officer for the re-examination and opportunity to the assessee ?"
2. In its principal order, the Tribunal had concluded that the addition was unsustainable because it had been made "on the basis of pure guess work". The Revenue moved the High Court under Section 256(2) of the Income-tax Act, 1961, and the High Court called for a reference on the basis that the question was a question of law. We are unable to agree with the High Court. In the first place, the Tribunal has held that the addition had been made on the basis of pure guess work and this is a matter of fact in respect of which the Tribunal's conclusion is final. In the second place, there was no question of remanding the matter to the Assessing Officer for re-examination of the same question.
3. It is not often that we interfere when the High Court calls for a reference under Section 256(2) but when, as here, the question is a pure question of fact, our interference is called for.
4. The appeal is allowed. The order under challenge is set aside.
5. No order as to costs.