COMMISSIONER OF INCOME TAX Vs. MOTICHAND VIRPAL SHAH

JUDGEMENT

(1.) AT the instance of the Revenue, the following question has been referred to this court by the Income -tax Appellate Tribunal, Ahmedabad Bench 'A', for its opinion under the provisions of Section 256(1) of the Income -tax Act, 1961 (hereinafter referred to as 'the Act').

(2.) WE have heard learned advocate Shri Akil Kureshi, for the applicant and learned advocate Shri Manish Kaji for the respondent -assesses.

(3.) FOR the above referred reasons, we answer the question in the affirmative, i.e., in favour of the assessee and against the Revenue.