COMMISSIONER OF INCOME TAX Vs. AGARWAL K N

JUDGEMENT

(1.) BY this application the Department is asking this Court to refer the following question under S. 256 (2) of the IT Act, 1961 :

(2.) WE do not think that there is any substance in this application inasmuch as the Tribunal has merely followed the judgment of this Court in Shiv Narain Agarwal vs. CIT (1980) 19 CTR (All) 314:(1983) 139 ITR 999 (All). The ground on which the reference is sought is that an appeal is pending in the Supreme Court against the judgment of this Court. It is not brought to our notice that the Supreme Court has suspended or stayed the operation of the judgment of this Court. In the circumstances, the ground assigned is not sufficient for making a reference.

(3.) THE application is, accordingly, dismissed.