COMMISSIONER OF INCOME TAX PUNE Vs. ASK ENTERPRISES

JUDGEMENT

(1.) BY this application under section 256 (2) of the Income Tax Act, 1961, the Commissioner of Income-tax, Pune seeks a direction to the Income-tax Appellate Tribunal to state the case and refer the following questions of law to this Court for opinion :

(2.) WE have heard Mr. Khatri, learned counsel for the revenue and Mr. Bhujle, learned counsel for the assessee. We have also perused the order of the Tribunal on merits as well as the order rejecting the Reference Application under section 256 (1) of the Income Tax Act.

(3.) SO far as question No. 2 is concerned, Mr. Khatri, learned counsel for the revenue, fairly stated before us that the same does not arise from the order of the Tribunal and in that view of the matter, question No. 2 is not a referable question of law.