COMMISSIONER OF INCOME TAX Vs. INSTRUMENTATION LTD

JUDGEMENT

(1.) THIS application under S. 256(2) of the IT Act, 1961, has been made at the instance of the CIT for stating the case and referring the following question of law arising out of its appellate order dt.

(2.) WE are informed by both the learned counsel that for earlier assessment orders in the like circumstances an application under S. 256(2) of the Act was made before this Court, which has since been decided in favour of the Revenue and the Tribunal has been directed to refer the aforesaid question of law to this Court for its opinion. That decision has been rendered by this Court in CIT vs. Instrumentation Ltd. (1987) 62 CTR (Raj) 208 : (1987) 167 ITR 354 (Raj). Accordingly, we allow this application and direct the Appellate Tribunal, Jaipur, to state the case and refer the question suggested by the CIT, Jaipur, to this Court for its opinion. There will be no order as to costs.