Law: Income Tax Act, 1961

Section: 254,256

Income-tax-----Reference---Appeal to Appellate Tribunal---Rectification of mistakes--¬Tribunal rejecting application for rectification after considering matter--¬Tribunal whether right in law in admitting second application on, same facts---Tribunal whether right in recalling its original order---Questions of law--Indian Income Tax Act, 1961, Ss. 254 & 256. The question regarding maintainability of the second application raising the same and similar points which had already been dealt with by the Tribunal while disposing of the first rectification application is a question of law on which, there is no decision either of the Punjab and Haryana High Court or of the Supreme Court of India: Held, accordingly, that the questions whether, on the facts and circumstances .of the case, the Tribunal was right in law in entertaining a second application under section 254(2) of the Income Tax Act, 1961, raising the same and similar points which had been dealt with by it in the first application filed by the assessee under section 254(2) of the Act after affording full hearing to the parties and whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in recalling its previous finding given in its appellate order, dated March 18, 1976, restoring the addition of Rs.9,36,000 by the Income-tax Officer and affirming the order of the Appellate Assistant Commissioner granting relief to the assessee to the tune of Rs.8,34,730 against the aforesaid addition, had to be referred. JUDGMENT ASHOK BHAN, J. ---The Commissioner of Income-tax (Central), Ludhiana (hereinafter referred to as "the Revenue"), has filed this petition under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), for issuance of a mandamus directing the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as "the Tribunal"), to refer the following questions of law to this Court of its opinion on the ground that the same arise from the order of the Tribunal, dated March 31, 1979, in the case of Messrs. Pearl Woollen Mills, Ludhiana (hereinafter referred to as "the assessee"): "(1) Whether, on the facts and in…

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