COMMISSIONER OF INCOME-TAX Vs. TAJ PRINTERS

JUDGEMENT

(1.) This is an application under Section 256(2) of the Income-tax Act, 1961, on behalf of the Commissioner of Income-tax. The following questions of law have been raised :

(2.) From the very frame of the question, it is clear that the Tribunal has based its opinion on decisions given by this court. Since the question of law standi already decided by this court, no question of law can be said to arise and, on facts, it has been found that the basic requirement for assuming jurisdiction under Section 263 was missing as the Commissioner did not either set out the points for inquiry nor did he record any reason or refer to any material as to how the order of the Income-tax Officer was erroneous or prejudicial to the interests of the Revenue.

(3.) The application for directing the Tribunal, therefore, to submit a statement of case on the proposed questions of law is rejected.