COMMISSIONER OF INCOME TAX Vs. LAXMI SALES

JUDGEMENT

(1.) IN this case an application under S. 256(2) has been made for directing the Tribunal to state the case and refer the following question of law said to be arising out of its order passed in appeal in the case of respondent assessee for the asst. yr. 1985-86 :

(2.) IT is pointed out by learned counsel for the parties that application under S. 256(2) arising out of order passed in appeals by sister concern of the respondent-assessee M/s Laxmi Sales for the asst. yrs. 1985-86 and 1986-87 by a common order has been decided by this Court on 27th Feb., 2001 which is D.B. IT Ref. No. 108/98, CIT vs. Laxmi Sales [reported at (2001) 167 CTR (Raj) 311] by holding the order of the Tribunal rejecting the application for making a reference under S. 256(1) to be erroneous and has directed the Tribunal to state the case and refer a following question of law said to be arising out of the Tribunal's order for the opinion of this Court :