COMMISSIONER OF INCOME TAX Vs. DARSHAN TALKIES

JUDGEMENT

(1.) THESE three applications are filed by the Commissioner of Income-tax, Bhopal, under Section 256(2) of the Income-tax Act, 1961, after refusal to refer the proposed question of law by the Income-tax Appellate Tribunal, Indore, on February 28, 1995, in Reference Applications Nos. 1, 2 and 3/(Ind) of 1989 for the assessment years 1985-86 to 1987-88 arising out of I. T. A. Nos. 365/(Ind) of 1989, 60/(Ind) of 1990 and 763/(Ind) of 1990, respectively.

(2.) THE question of law proposed in these applications is reproduced below :

(3.) INDISPUTABLY, the question as proposed, thus, stands answered by this court against the Revenue, i.e., the applicant. The relevant decision is reported in CIT v. Bhandari Capacitors Pvt. Ltd. [1987] 168 ITR 647 (MP) : That being so, no referable question is in existence. The Income-tax Appellate Tribunal thus, rightly held that there was no referable question and committed no error in rejecting the prayer.