COMMISSIONER OF INCOME-TAX Vs. INDORE BODY BUILDERS

JUDGEMENT

(1.) THIS is an application made by the Revenue (Income-tax Department) under Section 256 (2) of the Income-tax Act, seeking a reference to be made to this court on certain questions of law which according to the Revenue arise out of the order passed by the Tribunal for being answered by this court under Section 256 (1) of the Act. This application arises out of an order dated August 16, 1993, passed by the Income-tax Appellate Tribunal, Indore, in I. T. A. Nos. 181/ind/1993 and 189/ind/ 1993. In the opinion of the Tribunal, no referable question of law arises out of the order passed by the Tribunal and hence, it being pure finding of fact and covered by the decision of the Supreme Court, the application made by the Revenue to the Tribunal under Section 256 (1) of the Act was dismissed giving rise to filing of this application by the Revenue under Section 256 (2) of the Act.

(2.) HEARD Shri R. L. Jain, learned counsel for the applicant and Shri B. K. Joshi, learned counsel for the non-applicant.

(3.) HAVING heard learned counsel for the parties and having perused the record of the case, we are of the view that the Tribunal was right in rejecting the application made by the Revenue under Section 256 (1) of the Act and hence, we do not find any merit in this application.