COMMISSIONER OF INCOME TAX Vs. J K SYNTHETICS

JUDGEMENT

(1.) THIS case if fully covered by our earlier decision in CIT vs. Mohan Mekins Ltd. (Civil Writ Nos. 2174 and 2175 of 1992, dt. 14th Oct., 1992). Here the decision of the Tribunal was conveyed to the Chief CIT in September 1989 and the Chief CIT sent the same to the concerned Commissioner on 1st Dec., 1989 and the reference application under S. 256(1) of the IT Act, 1961 ('the Act') was filed on 25th Jan., 1990. Even if it is taken that on 1st Dec., 1989 the decision of the Tribunal was received by the concerned Commissioner, the reference application filed on 25th Jan., 1990 was well within limitation. We have already in the aforesaid case held that the starting point of limitation is the receipt of the decision of the Tribunal by the concerned Commissioner.

(2.) ACCORDINGLY , we allow the writ petition and set aside the order of the Tribunal dt. 12th April, 1990 and direct the Tribunal to decide the application of the Revenue, filed under S. 256(1), on merits and in accordance with law.