Law: Income Tax Act, 1961

Section: 254(2),256(1)

(a) Income-tax-----Reference---Application to direct reference---Limitation---Limitation starts -from date when order rejecting application under 5.256(1) was received by C.I.T. who had jurisdiction to file application---Indian Income Tax Act, 1961, S.256(2). (b) Income-tax--- ----Reference---High Court---Writ petition---Order rejecting application for reference as time-barred---Tribunal remanding matter as to assessment to Assessing Officer on 21-2-1994---Order received by Commissioner on 9-6-1994---On 8-8-1994, Revenue filing application for reference under S.256(1)---Application dismissed by Tribunal as filed beyond period of limitation---Revenue- filing application cinder S.254(2) for rectification of order, dated 7-11-1994---Application rejected on ground S.254(2) inapplicable for seeking rectification in an order rejecting an application under S.256(1)---Subsequent to order of remand, Assessing Officer passing fresh order of assessment on 30-3-1995---CIT (Appeals) dismissing appeal of assessee on 15-1-1996, upholding order of assessment---Writ petition filed after a lapse of 18 months from order, dated 7-11-1994, rejecting Revenues application as barred by time---Assessment itself reaching finality and vested right accrued in favour of assessee---Writ petition liable to be dismissed---Indian Income Tax Act, 1961, Ss.254(2) & 256---Constitution of India, Art.226. On February 21, 1994, the Tribunal passed an order remanding the matter as to assessment of the respondent-assessee to the Assessing Officer. The order was received by the Commissioner of Income-tax on June 9,1994. On August 8, 1994, an application under section 256(1) of the Income Tax Act, 1961, was filed by the petitioner (Director of Income-tax (Exemption)) seeking reference to the High Court on certain questions of law arising out of the order, dated February 21,1994. The Tribunal held that the application having been filed beyond the period of limitation calculated from the date of order passed by the Tribunal, was liable to be dismissed, as the Department had failed to file any application seeking condonation of delay in filing the application. The petitioner moved an application under…

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