COMMISSIONER OF INCOME TAX Vs. LAXMANDAS NANDLAL

JUDGEMENT

(1.) THE decision rendered in this case shall also govern disposal of IT Ref. Nos. 30, 50 and 51 of 1999 because, all these income-tax references involve common question and secondly, they arise out of common order between the same parties. The only difference being that they arise out of the different assessment years.

(2.) THIS is an application made by the Revenue (CIT) under Section 256 (2) of the IT Act consequent upon the dismissal of their application made under Section 256 (1) of the Act by the Tribunal in RA Nos. 110 to 112/ind/1998, which in turn arises out of an order passed by the Tribunal dt. 23rd April, 1998, in ITA Nos. 304 to 306/ind/1994 pertaining to the asst. yrs. 1988-89 to 1990-91. By impugned order, the learned Members of the Tribunal were of the view that the questions proposed by the Revenue do not involve any question of law which is capable of being referred to the High Court for its opinion. Accordingly, the reference application made by the Revenue under Section 256 (1) of the Act before the Tribunal was dismissed, holding that the questions proposed are essentially questions of facts. It is this order against which or consequent upon which, this application has been presented by the Revenue by taking recourse to the provisions of Section 256 (2) of the Act praying for calling of the questions proposed by the Revenue to be answered by this Court.

(3.) HEARD Shri R. L. Jain, learned counsel for the applicant.