COMMISSIONER OF INCOME TAX Vs. HINDUSTAN TIMES LTD

JUDGEMENT

(1.) THE applications filed by the writ petitioners under S. 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act') have been dismissed by the Tribunal as being time barred on the ground that the Chief CIT was served with a decision of the Tribunal made under S. 254 of the Act and the date of service on the Chief Commissioner would govern the limitation for filing of the application under S. 256(1) of the Act. This decision of the Tribunal is being impugned in these writ petitions.

(2.) AS a common question of law arises all these writ petitions are being disposed of by this common judgment.

(3.) WE have considered the matter more deeply and on a consideration of the matter we are of the view that earlier two decisions of this Court are correct. The limitation for filing reference applications is provided under S. 256(1) of the Act and the precondition to file such an application is to file such an application within 60 days of the date by which the assessee or the Commissioner is served with a notice of an order under S. 254 of the Act. Prior to 1st April, 1988 S. 254(3) reads as follows :