Law:

Section:

Section 256 of the Income-tax Act, 1961 - Reference - Question of fact - Whether any question of law would arise from Tribunal's order simply on ground that while deciding the case it referred to a decision of Supreme Court relevant to subject matter of decision before Tribunal, without same having been cited by either party during arguments before it - Held, no Facts On application under section 256(2), the assessee challenged the Tribunal's order rejecting his application under section 256(1), on the ground that while deciding the case before it, the Tribunal had referred to a decision of the Supreme Court relevant to the subject matter of the decision before the Tribunal, although the same had not been cited by either party before the Tribunal. According to the assessee, such reference was violative of the principles of natural justice as the assessee had no opportunity of explaining the said Supreme Court decision. Held The Tribunal could refer to a decision of the Supreme Court, which was the law of the land, if the same was relevant to the subject matter of decision by the Tribunal, irrespective of the fact that the said decision was not referred to by either party before the Tribunal. Such order of the Tribunal could not be held to have been passed in disregard of the principles of natural justice or the provisions of the Act or the Rules made thereunder. Thus, no reference was called for as no question of law arose out of the Tribunal's order. Case referred to Sardar Bahadur S. Indra Singh Trust v. CIT [1971] 82 ITR 561 (SC). D. Paul and L.L. Sharma for the Applicant. R.N. Surolia for the Respondent. ORDER Prasad, J. - This application under section 256(2) of the Income-tax Act, 1961 ('the Act') does not raise any arguable question and as such it is not necessary to make a detailed discussion of the facts and circumstances which have given rise to the filing of this application under section 256(2). It would be sufficient for the purpose of disposal of this application that a question relating to the validity of a gift, of 25,000 shares of Jiyajeerao Cotton Mills and income by way of dividends in respect thereof, by Raja Baldeodas Birla Santati Kosh,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492