COMMISSIONER OF INCOME TAX Vs. ORIENTAL CONTAINERS LTD

JUDGEMENT

(1.) THE present application under s. 256 (2) of the IT Act, 1961 is at the instance of the department for directing the Tribunal to state a case and raise and refer the following two questions to us for determination. These questions are as follows :

(2.) AS far as question No. 1 is concerned, the petition has relied upon the same facts and circumstances as were obtaining in respect of the asst. yr. 1975-76 which were considered by the tribunal. The proceedings before the Department have proceeded on the basis that there is no change in the circumstances. The respondent has produced before us the order of the Tribunal in respect of the assessee for the asst. yr. 1975-76. The facts, which are set out there, are to the effect that the following five persons held 10,500 shares of the assessee-company : 1. S. D. Somani Family Group 2,160 2. B. D. Somani 1,920

(3.) M. K. Somani 1,920