CEMENT DISTRIBUTORS LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THERE are two petition under s. 256(2) of the IT Act, 1961 which were directed to be heard together but actually they turn on the same point and involve the same assessee in relation to the same asst. yr. 1974-75. The circumstances as to why there are two cases are as follows :

(2.) INITIALLY an appellate order was passed on 20th Aug., 1980. Then a miscellaneous application was moved by the assessee seeking rectification. This application was dismissed on 24th April, 1981. A reference application under s. 256(1) was filed in relation to the original appellate order resulting in a statement of the case being submitted to this Court but some of the question sought to be raised by the assessee were disallowed. The statement of case, is dt. 31st Jan., 1981. After the miscellaneous application was filed and rejected, another petition under s. 256(1) was moved which was also rejected on 14th Jan., 1982. A number of questions were sought to be raised in the case of the miscellaneous application but the Tribunals stated that none of those question arise out of the order of the Tribunal but really were connected with original order passed in appeal. In any event the assessee has moved ITC 36 of 1981 to submit that further questions arise out of the appellate order and has moved ITC 161 of 1982 to submit that the question of law arise out of the miscellaneous application.