B. N. Kirpal ( 1 ) THE Tribunal has referred the following two questions to this Court: "1. Whether on the facts and circumstances of the case there was evidence upon which the Tribunal could properly arrive at their decision and whether on such facts their decision was correct in law. ? 2. Whether there is any evidence or material to hold that the sum of Rs. 18,563. 00 was the undisclosed income of the applicant?" ( 2 ) THIS reference is in respect to the assessment year 1963-64. It appears that in the assessment year 1965-66, the assessee had made certain deposits with some persons. It was explained that these deposits had come from the sale of certain Gold ornaments. These Gold ornaments are stated to have been left by the assessee s mother on her death. It was further alleged by the assessee that his grand father bad told him about the existence of the Gold ornaments in 1963 and these ornaments were subsequently sold. The sale proceeds of these Gold ornaments were Rs. 18,563. 00 according to the assesses ( 3 ) AS the alleged sale of the Gold ornaments was stated to be in 1963, the Income Tax Officer initiated proceedings in respect to the assessment year 1963-64 and included the sum of Rs. 18,563. 00 as income from undisclosed concerns. ( 4 ) AN appeal was filed against this order and it was allowed by Appellate Assistant Commissioner. Thereafter the Income Tax Officer filed an appeal before the Tribunal. The Income Tax Tribunal posed a question whether the sum of Rs. 18,563. 00 was as a result of the sale of Gold ornaments belonging to the assessee s mother or not. The Tribunal went through the entire evidence on the record including the financial situation of the assessee s mother and it came to the conclusion that the said sum represented the undisclosed income of the assessee. The explanation of the assessee with regard to the source of deposit of Rs. 18,563. 00 was not found to be satisfactory. ( 5 ) AFTER the Income Tax Tribunal had rejected the application under Section 256 (1), an application under Section 256 (2) was filed and this Court directed the aforesaid questions to be referred. ( 6 ) AT the time of hearing of the reference today, there is no one preseat on behalf of the assessee. ( 5 ) AFTER the Income Tax Tribunal had rejected the application under Section 256 (1), an application under Section 256 (2) was filed and this Court directed the aforesaid questions to be referred. ( 6 ) AT the time of hearing of the reference today, there is no one preseat on behalf of the assessee. We have gone through the order of the Income Tax Appellate Tribunal as well as the statements of the assessee and his reference and in our opinion, there was evidence on the record on the basis of which the Income Tax Tribunal came to the conclusion that the addition of Rs. 18,563. 00 was justified. ( 7 ) WHEN there is a cash credit in the books of accounts it is upto the assessee to prove its source. The evidence which was placed on the record was carefully examined and thereafter the Tribunal gave a positive finding that the story regarding the ornaments being left by the mother of the assessee was not true and the adjustments made in the books of accounts represented undisclosed income. The issue involved before the Tribunal was essentially one of fact and and on the facts before it, the Tribunal came to the conclusion against the assessee. ( 8 ) THE questions of law which have been referred are accordingly answered in the affirmative and against the assessee. ( 9 ) THERE will be no order as to costs. Answers in favour of revenue.