COMMISSIONER OF INCOME TAX Vs. CAPS AND CAPS

JUDGEMENT

(1.) BY this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion :

(2.) THE material facts giving rise to this reference, briefly, are as follows :

(3.) LEARNED counsel for the Revenue relied on the decision in Anchor Pressings (P.) Ltd. v. CIT [1975] 100 ITR 347 (All) and Sharda Prasad v. CIT [1975] 100 ITR 373 (All). But those decisions are distinguishable on facts. In those cases, the question for consideration was whether the assessee could claim rectification under Section 154 when the assessee had failed to make any claim under Section 80J. It is not necessary for us to consider that aspect of the matter. The Commissioner of Income-tax (Appeals) had jurisdiction to entertain the claim made on behalf of the assessee and in upholding that claim, the Tribunal was justified.