PHOOL SABHARWAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) : The question sought to be referred at the instance of the Department in this application under s. 256(2) of the IT Act, 1961, is as follows,

(2.) THE learned counsel for the applicant urged that the Tribunal was wrong in refusing to make a reference as the question is a mixed question of law and fact. It is also pointed out that the view of this High Court in CIT vs. Arvind Construction Co. (1975) 98 ITR 571 (Del), has since been differed from by a Full Bench.