Law:

Section:

Section 256 of the Income-tax Act, 1961 - High Court - Reference to - Whether where a question has been decided by High Court in favour of assessee of Department, as case may be, on basis of it's own decision in an earlier case, mare fact that special leave petition from said of High Court was pending before Supreme court would not be ground for allowing application under section 256(2) until question sought to be called for was finally decided by Supreme Court - Held, yes FACTS The Department made application under section 256(2) seeking this court's direction to the Tribunal to state the case and refer to the court a question for determination set out in the application. HELD It was an accepted position that as far as this court was concerned, the question had been decided in favour of the assessee by a decision of this court in CIT v. Century Spg. and Mfg. Co. Ltd. [1978] 111 ITR 6 . In the circumstances, there was no reason for allowing the application because, even if the question was framed and referred, it would have to be answered in the light of the above decision and the fact that a special leave petition from the above was pending before the Supreme Court, as far as this court was concerned, it would be bound by its own decision in CIT v. Century Spg. and Mfg. Co. Ltd. [1978] 111 ITR 6. Thus, the instant application was to be dismissed. Note: Decision was in favour of assessee. CASES REFERRED TO CIT v. Century Spg. & Mfg. Co. Ltd. [1978] 111 ITR 6 (Bom.), and Kewalramani Bros. v. CIT [1991] (1991) 189 ITR 90 (Bom.)(Appx.) G.S. Jetley, Mrs. M. Singh and K.C. Sidhwa for the Applicant. Arvind Sonde, Desai Borgis and Chinoy for the Respondent. JUDGMENT Mrs. Sujata V. Manohar, J.-This is an application under section 256(2) of the Income-tax Act, 1961, for directing the Income-tax Appellate Tribunal to state the case and refer to this court a question for determination which is set out in the application. It is an accepted position…

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