COMMISSIONER OF INCOMETAX Vs. MANGILAL JAIN

JUDGEMENT

(1.) THE applicant (Commissioner, Bhopal) has filed this application under S. 256(2) of the IT Act, 1961 ('the Act') seeking direction to the Tribunal to state the case and refer the under-noted question of law arising out of its order dt. 16th July, 1991 passed in IT Appeal No. 582 (Indore) of 1988 after rejection of the application R.A. No. 300 (Indore) of 1988 on 20th Nov., 1991 for the asst. yr. 1982-83, for our opinion :

(2.) WE have heard Shri Vivek Sharan, the learned counsel for the applicant and Shri S.C. Goyal, the learned counsel for the non-applicant/assessee.

(3.) BOTH the parties submitted that the Tribunal has been directed to state the case and refer the aforesaid reshaped and reframed question to this Court for consideration by common order dt. 1st March, 1996 passed in CIT vs. M.L. Jain (Misc. Civil Case No. 203 of 1992, dt. 1st March, 1996), CIT vs. M.L. Jain (Misc. Civil Case of No. 207 of 1992, dt. 1st March,1996), CIT vs. S.C. Nigam (Misc. Civil Case No. 208 of 1992, dt. 1st March, 1996), CIT vs. S.C. Nigam (Misc. Civil Case No. 209 of 1992, dt. 1st March, 1996) and CIT vs. M.L. Jain (Misc. Civil Case No. 216 of 1992, dt. 1st March, 1996). The Counsel for the applicant, therefore, submitted that similar order may be passed in this case also. There is no objection to this prayer.