LAWS(CAL)-2003-5-3

GOENKA AGENCIES Vs. COMMISSIONER OF INCOME TAX

Decided On May 12, 2003
GOENKA AGENCIES Appellant
V/S
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

(1.) In this reference under Section 256(2) of the Income-tax Act, 1961, two questions have come up for answer by us at the instance of the assessee for the assessment year 1987-88. The assessee, however, had framed four questions in its reference application under Section 256(1) of the Act. The learned Tribunal, however, rejected the reference application on the ground that no question of law, in fact, arose and the findings of the learned Tribunal were based on findings of facts only.

(2.) On the application of the assessee under Section 256(2), this court by an order dated November 11, 1997, directed reference observing that the first and the second questions, in fact, covered the case of the assessee.

(3.) The said two questions are as follows :