COMMISSIONER OF INCOME TAX Vs. RATHI CONSTRUCTION CO

JUDGEMENT

(1.) THE respondent-assessee filed his return for the asst. yr. 1988-89. It claimed that the total income was Rs. 28,130. Vide order dt. 30th March, 1989, the assessing authority fixed the taxable income at Rs. 1,79,480. This was done on the assumption that the assessee filed an appeal. Vide order dt. 19th June, 1990, the CIT(A) accepted the assessee's claim partly. It held that the taxable income was Rs. 58,643. The order was affirmed by the Tribunal vide its order dt. 21st Jan., 1998. The Department filed an application under S. 256(1) of the IT Act, 1961, for a reference to this Court. Vide order dt. 3rd March, 1999, a copy of which has been produced as Annexure p. 3, the prayer for reference has been declined. Aggrieved by the order, the Revenue has filed this petition under s. 256(2). It prays that the Tribunal be directed to refer the following question for the opinion of this Court :

(2.) WE have heard Mr. R.P. Sawhney, the learned counsel for the Revenue.