COMMISSIONER OF INCOME TAX Vs. PRINCESS USHA TRUST

JUDGEMENT

(1.) THIS is an application by the Commissioner of Income-tax, Madhya Pradesh, Bhopal, under Section 256(2) of the I.T. Act, 1961, praying that the Income-tax Appellate Tribunal should be directed to state the case and refer it to this court for its opinion on the following questions :

(2.) THE assessee preferred an appeal against the Commissioner's order to the Income-tax Appellate Tribunal. THE Appellate Tribunal allowed the appeal and set aside the order of the CIT holding that the ITO's order, though erroneous, was not prejudicial to the interests of the Revenue.

(3.) ON the facts, we are satisfied that the aforesaid questions of law arise out of the Tribunal's order and, therefore, we direct the Appellate Tribunal to state the case and refer it to the High Court for answering the above-mentioned questions of law for decision.