COMMISSIONER OF INCOME-TAX Vs. PREMIER TRADERS

JUDGEMENT

(1.) Aggrieved by the order of the Income-tax Appellate Tribunal, B-Bench, Allahabad, allowing an appeal filed by the assessee, opposite party, in regard to the assessment year 1975-76, the Commissioner of Income-tax, Allahabad, made an application under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), with a prayer that the following three questions may be referred to this court for its opinion :

(2.) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that a 'non-speaking' order is not 'erroneous'?

(3.) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that the order of the Commissioner of Income-tax under Section 263 was not sustainable in law ?"