COMMISSIONER OF INCOMETAX Vs. MANNULAL NANNULAL

JUDGEMENT

(1.) THIS is an application under S. 256(2) of the IT Act, 1961 ('the Act') at the instance of the Revenue and the following question of law has been raised :

(2.) THE Tribunal has taken the view, relying on the decision of this Court in case of Popular Engg. Co. vs. CIT (1983) 140 ITR 398 (MP)/13 Taxman 454 that no reference application lies to the Tribunal in case where application for rectification has been rejected by the Tribunal holding that there is no mistake apparent on the face of the record. The Tribunal has held that application under s. 256(1) is not maintainable when the Tribunal has found that there is no ground to rectify as there is no apparent mistake on the face of the record. Therefore, the Tribunal, relying on the aforesaid decision of this Court, rejected the application of the Revenue for referring the case to this Court. Hence, the Revenue has approached this Court under S. 256(2).

(3.) THEREFORE , in view of the ratio laid down by this Court in the aforesaid judgment, the application of the Revenue is dismissed.