COMMISSIONER OF INCOME TAX Vs. ABHYESHWAR

JUDGEMENT

(1.) REVENUE first filed this application under S. 256(1) of IT Act requiring Tribunal to refer following two questions for opinion of High Court:

(2.) THE Tribunal on consideration of the matter rejected the application by order dt. 13th May, 1998, on the ground that stated questions were questions of fact and not law and, therefore, did not warrant any reference.

(3.) THERE is no dispute that it fell within the domain of Tribunal to record its satisfaction whether any default committed in obtaining audit report was supported by any reasonable cause. Once Tribunal felt satisfied that there was a reasonable cause for delay, the matter involved a question of fact and did not give rise to any question of law and, therefore, warranted no reference to this Court.