SHEO PRASAD VINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought to quash the order passed by respondent No. 1 dated October 29, 1987, rejecting the applications of the petitioner for making reference to this court under Section 256(1) of the Income-tax Act, 1961.

(2.) Briefly stated, the facts are that the petitioner-firm filed an income-tax return for the assessment year 1980-81. The Income-tax Officer concerned made certain additions on account of unexplained investment in purchase of sugar amounting to Rs. 49,500, The petitioner preferred an appeal against the said order. The Commissioner of Income-tax (Appeals), Agra, partly allowed the appeal. Against the aforesaid order, two appeals were filed before the Income-tax Appellate Tribunal, Allahabad, respondent No. 2, one by the Income-tax Officer and the other by the petitioner. The Tribunal vide order dated March 31, 1987, dismissed the petitioner's appeal but allowed the appeal filed by the Income-tax Officer.

(3.) The petitioner filed two reference applications under Section 256(1) of the Income-tax Act before respondent No. 2 for referring the question of law arising out of the Tribunal's order to this court along with an application to condone the delay in filing the applications. Respondent No. 2 rejected the applications by means of the impugned order dated October 29, 1987, on the ground that the applications were filed beyond limitation.