COMMISSIONER OF INCOME TAX Vs. BEDI KARYANA STORE

JUDGEMENT

(1.) THE question of law, reference of which has been sought by the Revenue under Section 256(2) of the Income-tax Act, 1961, in these petitions is :

(2.) I. T. C. No. 62 of 1989 relates to the assessment year 1980-81. I. T. C. No. 63 of 1989 relates to the assessment year 1979-80 and I. T. C. No. 3 of 1990 relates to the assessment year 1978-79.

(3.) BY placing reliance on the judgments in Banaras Chemical Factory v. CIT [1977] 108 ITR 96 (All) ; D. B. Madan v. CIT [1991] 192 ITR 344 (SC) and CWT v. Lallubhai Jogibhai [1994] 207 ITR (St.) 32, Shri Mahajan argued that the question sought by the Revenue is a pure question of law and, therefore, a direction may be issued to the Tribunal to make reference of the same to the High Court. Shri G. S. Sandhawalia relied on a decision of the Division Bench in CIT v. Shiv Parshad [1984] 146 ITR 397 and argued that similar question has already been decided by the High Court and, therefore, the same need not be referred to this court once again.