COMMISSIONER OF INCOME-TAX Vs. BHAGAT BROTHERS

JUDGEMENT

(1.) THIS petition has been filed under Section 256 (2) of the Income-tax Act, 1961, for the issuance of a mandamus requiring the Tribunal to refer the following question :

(2.) THE question sought to be referred is certainly a question of law. The Tribunal, however, declined to refer it on the ground that the same stands concluded by the decjsion of the Special Bench of the Tribunal in the case of J. Hemchander and Company. On the ground stated, the Tribunal was not justified in declining the reference sought for. Consequently, this petition is allowed and a mandamus issued to the Tribunal to refer the above-noted question together with the statement of the case for the opinion of this court.