COMMISSIONER OF INCOME TAX Vs. CHANDRA BOOB

JUDGEMENT

(1.) REVENUE has preferred this reference application under the provisions of Section 256(2) of the IT Act, 1961. The Tribunal had refused to make reference of any of the questions, vide its order dt. 28th Jan., 1999.

(2.) A reference application was filed before the Tribunal under the provisions of Section 256(1) of the IT Act for reference of certain questions to this Court. Those questions were arising out of the order of the learned Tribunal vide its order dt. 25th Aug., 1998 in relation to the block asst. yrs. 1986 -87 to 1996 -97. Following questions were sought for reference:

(3.) PER contra, learned Counsel appearing for the assessee supported the order of the Tribunal and stated that reference was refused by the Tribunal on proper ground thus without there being any legal issue involved in this case, calling for reference from the Tribunal would not be proper. We have considered the rival submissions of the parties and perused the record.