COMMISSIONER OF INCOME TAX Vs. U P HOTELS

JUDGEMENT

(1.) By means of this application under Section 256(2) of the Income-tax Act, 1961, the Commissioner of Income-tax, Allahabad, has made a prayer that the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, may be directed to refer the following three questions to this court for its opinion :

(2.) Whether, on the facts and in the circumstances of the case, the order of the Tribunal upholding the deletion of extra profit is correct when the Tribunal has ignored to consider that G. P. rate disclosed in the earlier year was better and that the proviso to Section 145(1) was applicable ?

(3.) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in upholding the relief allowed by the Commissioner of Income-tax (Appeals) ?