Commissioner of Income-tax Vs. Abhishek Corporation - Court Judgment

Excerpt:
- labour & services. reversion: [s.b. sinha & v.s. sirpurkar, jj] person holding ex-cadre post held, the person holding an ex-cadre post does not derive any right to continue therein. he could be reverted to his cadre post. if he is allowed to continue in the ex-cadre post, he will be depriving some employees who are entitled to be promoted to the said post. such a deprivation from the right of promotion to a duly qualified employee, cannot be countenanced. the appellant was in electrical wing of railways. he volunteered for the post of diesel mechanic grade ii and was promoted to that post. he was again promoted as diesel mechanic grade i. these postings were on mechanical side and ex-cadre postings. he had been holding the said post for a period of more than 12 years. a policy.....1. delay condoned. 2. leave granted. 3. the high court declined to call for a reference, inter alia, of the following question : 'whether, on the facts and circumstances of the case, the income-tax appellate tribunal, having held that the assessee has received unaccountedreceipts, was justified in law in holding that the assessing officer has to discharge the onus in respect of on money by showing that the assessee has invested rs. 1,58,59,400 out of such receipts whereas the claim of the assessee for extra expenditure was found to be incorrect ?' 4. it did so on an appreciation of evidence and based on certain judgments of that high court. 5. we have seen the relevant portions of the order of the income-tax appellate tribunal from which the question has arisen. we think that the question.....