COMMISSIONER OF INCOME TAX Vs. ORIENTAL TRADING CO

JUDGEMENT

(1.) BY this application under Section 256(2) of the Income-tax Act, 1961 (for short "the Act"), the applicant/Department seeks a direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer the undernoted two questions said to be of law to this court, arising out of its order dated February 8, 1991, passed in ITA No. 280/ Ind. of 1986 and its refusal to refer the case by order dated September 23, 1991, passed in R. A. No. 78/Ind. of 1991 for the assessment year 1980-81 :

(2.) WE have heard Shri D.D. Vyas, learned counsel for the applicant/ Department, and Shri V.K. Joshi, learned counsel for the non-applicant/ assessee.

(3.) A copy of the order be transmitted to the Tribunal for compliance at the earliest.