COMMISSIONER OF INCOME TAX Vs. SCIENTIFIC REFRACTORS

JUDGEMENT

(1.) THE applicant (CIT, Bhopal), has filed this application under S. 256(2) of the IT. Act, 1961, seeking direction to the Tribunal, Indore, to state the case and refer the undernoted question to this Court arising out of its order dt. 1st Oct., 1993, passed in I. T. A. No. 332/(Ind) of 1989:

(2.) THE facts lie in a narrow compass. The non applicant/assessee furnished Form No. 12 for continuation of registration for the asst. year 1985 86. The AO found that the application seeking continuation of registration was not signed by three partners (Bipinkumar, Malayaketu and Smt. Shardadevi). He, therefore, examined the aforesaid partners. The AO, was not satisfied about the genuineness of the firm and thus declined continuation of registration. On appeal, the Dy. CIT (A.) found no merit in the action of the AO and directed that continuation of registration be allowed. On further appeal by the Department, the Tribunal upheld the order of the Dy. CIT (A.). The Department felt aggrieved by the order of the Tribunal and, therefore, submitted the application under S. 256(1) of the aforesaid Act, which was registered as R. A. No. 320/(Ind) of 1993 for the asst. year 1985 86.

(3.) WE have heard Shri D. D. Vyas, learned counsel for the applicant, on the question of admission.