VINDHYA TELELINKS LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee in respect of the following question of law:

(2.) WE have heard Mr. Sandesh Jain, learned Counsel for the appellant -assessee and Mr. Sanjai Lal, learned Counsel for the respondent -Revenue.

(3.) LEARNED Counsel has also invited our attention to the decision rendered in Smt. Indramanidevi Parasrampuria v. : [1983]141ITR593(SC) , wherein a Division Bench has opined that where a party at whose instance a reference is made is not interested in pursuing the reference and getting the opinion of the High Court on the question referred to it by the Tribunal, the High Court would decline to answer the question referred. The Division Bench placing reliance on the decision rendered in Gajadhar Prasad Nathu Lal v. : [1970]76ITR615(MP) declined to answer the reference.