NANULAL SUNDERLAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an application under S. 256(2) of the IT Act, 1961, for referring questions of law said to be arising out of Tribunal's order in IT No. 802/Jp/1973-74 for the asst. yr. 1966-67. On there being difference of opinion between the A.M. and J.M. of the Tribunal about issue whether any question of law arises out of Tribunal's appellate order, it was referred to Vice Chairman, who agreeing with the A.M. held that no question of law arises out of Tribunal's appellate order. This resulted in rejection of application under S. 256(1) of the Act of 1961.

(2.) THE question of law which were suggested to the Tribunal for making a reference, six in number, are as under :

(3.) HAVING heard learned counsel for the parties, we are of the opinion that the order of the Tribunal refusing to make a reference was erroneous inasmuch as in our opinion on the facts stated above questions of law do arise out of the Tribunal's order which were required to be referred to this Court.