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Section 263, read with section 256 of the Income-tax Act 1961 - Revision - Of orders prejudicial to interest of revenue - Assessment years 1975-76 to 1980-81 - ITO allowed relief of partial partition to assessee relying on decision in Daya Shankar Vijay Kumar v. CIT [1980] 124 ITR 691 (All.) - Commissioner, however, initiated proceedings under section 263 for revising ITO's order on ground that Department had not accepted decision in Daya Shankar's case (supra) and had also filed appeal in Supreme Court - Tribunal set aside said order of Commissioner - Whether, till decision in Daya Shankar's case (supra) was reversed by Supreme Court, same was binding on Department, and, therefore, no referable question of law arose from Tribunal's order - Held, yes FACTS For the relevant assessment years, the ITO allowed the relief of partial partition to the assessee relying on decision in Daya Shankar Vijay Kumar v. CIT [1980] 124 ITR 691 (All.). The Commissioner initiated proceedings for revising the aforesaid order under section 263 on the ground that the Department had not accepted the decision in Daya Shankar's case (supra) and had filed an appeal in the Supreme Court. The order of the Commissioner was reversed by the Tribunal on appeal. On reference : HELD Till the decision in Daya Shankar's case (supra) was reversed by the Supreme Court, the same was binding on the Department and no statable question of law could be said to arise. The instant application was to be, therefore, dismissed. Note: The decision was in favour of assessee. CASE REFERRED TO Daya Shanker Vijay Kumar v. CIT [1980] 124 ITR 691 (All.). JUDGMENT N.D. Ojha, J.-In these six applications made by the…

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