COMMISSIONER OF INCOME TAX Vs. K L RAJPUT

JUDGEMENT

(1.) BY this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Jabalpur Bench, has referred the following question of law to this court for its opinion :

(2.) WHEN this reference came up for hearing before a Division Bench of this court on April 7, 1983, it was urged by learned counsel for the parties that there was a conflict between the two Full Bench decisions of this court in CIT v. R.S. Banwarilal [1983] 140 ITR 3 (MP) and CIT v. Mandsaur Electric Supply Co. Ltd. [1983] 140 ITR 677 (MP). It was in these circumstances that a larger Bench was constituted for hearing this reference. That is how the matter has come up before us for consideration.

(3.) IN the instant case, the question framed by the Tribunal is too wide and it does not bring out the real issue which arose before the Tribunal for consideration. We, therefore, reframe that question as follows :