COMMISSIONER OF INCOME-TAX Vs. SHANT SPORTS INDUSTRIES

JUDGEMENT

(1.) THE prayer of the petitioner for making a reference under Section 256 (1) of the Income-tax Act, 1961, was rejected by the Income-tax Tribunal, vide its order dated March 19, 1992, mainly on the ground that the question of law involved does not require reference. On the facts, the Tribunal had held :

(2.) THE question of bona fide mistake could not, therefore, be termed to be a question of law requiring reference to this court for adjudication under the provisions of Section 256 of the Income-tax Act.

(3.) THE reliance of learned counsel for the petitioner on CIT v. Suraj Bhan, Wine Contractor [1989] 177 ITR 243 (P and H) is also misplaced inasmuch as in that case the judgment was announced in the absence of the assessee and the court, under the circumstances of the case, came to the conclusion that the question raised by the Revenue was a question of law requiring reference to this court.