COMMISSIONER OF INCOME TAX Vs. INDIAN AUTO STORES

JUDGEMENT

(1.) UNDER Section 256(2) of the I.T. Act, 1961, the following questions have been referred in pursuance of the direction of this court in T.C.P. No. 118 of 1974, dated March 24. 1975.

(2.) WHETHER, on the facts and in the circumstances of the case, the Appellte Tribunal was right in holding that the provisions of Section 154(1A) would not apply to the assessee's case ?

(3.) SECTION 246 of the Act contains a list of appealable orders. One of these orders is the order under SECTION 271 [see SECTION 246(o)(iii)]. The powers of the AAC in disposing of an appeal are set out in SECTION 251 of the Act. For the present case, it is enough to note SECTION 251(1)(b) which, so far as it is material, runs as follows: