COMMISSIONER OF INCOME TAX Vs. MADHU KANTA BEN

JUDGEMENT

(1.) THIS is an application under Section 256(2) of the Income-tax Act, 1961, for a direction to the Income-tax Appellate Tribunal to state the case and refer to this court for decision certain questions of law formulated in the application.

(2.) HAVING heard both sides, we are satisfied that a question of law does arise out of the Tribunal's order which requires a decision of this court. No doubt, a similar question has been decided by this court in Narsibhai Patel v. CWT [1981] 127 ITR 633 (MP) with reference to the assessment made under the Wealth-tax Act, 1957. However, it will have to be examined whether the relevant provisions of the Income-tax Act are the same as the corresponding provisions in the Wealth-tax Act or there is any difference therein which raises a question of law for our decision.