Law:

Section:

Section 145(1), read with section 256(2), of the Income-tax Act, 1961 - Method of accounting - Estimation of profit - Assessment year 1987-88 - Tribunal rejected revenue's application under section 256(2) after finding that, in absence of a definite finding that case of assessee came within ken of section 145(1), it was not possible for Assessing Officer to reject book results and make addition to gross profit - Whether Tribunal was right in rejecting reference application filed by department as there was no referable question arising from its order - Held, yes R.P Sawhney and N.G. Sharma for the Applicant. B.S. Gupta and Sanjay Bansal for the Respondent. JUDGMENT N.K. Sodhi, J. - This is a petition under section 256(2) of the Income Tax Appellate Tribunal, Delhi to draw up a statement of the case and refer to this court the question of law which, according to the Department, arises from the order of the Tribunal dated 13-2-1998 pertaining to the assessment year 1987-88. 2. We have heard counsel for the parties and perused the order of the Tribunal. The additions made by the…

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