COMMISSIONER OF INCOME TAX Vs. MULTIMETALS LIMITED

JUDGEMENT

(1.) THIS is a reference petition under Section 256(2) of the Income-tax Act, 1961, submitted by the Commissioner of Income-tax. A prayer has been made that the Tribunal may be directed to make a reference on the following questions of law for the opinion of this court:

(2.) ASSESSMENT of the assessee, non-petitioner, for the assessment year 1977-78 was finalised by the Income-tax Officer, A Ward, Kota, on March 31, 1978. No directions were given under Section 215 for charging of interest.

(3.) REFERENCE under Section 256(1) of the Income-tax Act was submitted by the Commissioner of Income-tax, Jaipur, before the Tribunal with the request that questions of law arise out of the order of the Tribunal and the questions referred to in para 4 of the application should be referred to the High Court for decision. The petition was rejected by the Tribunal, and as such, this application under Section 256(2) was submitted before this court for directing the Tribunal to refer the questions referred to above for the decision of this court.