Law: Income Tax Act, 1961

Section: 254

Income-tax----Reference---Rectification of mistake---Decision of Tribunal following decision of one High Court and not of another High Court---Tribunal justified in holding that there was no mistake in its order which could be rectified---No question of law arose. Held. that the Tribunal was justified in holding that its decision based . on the case of Additional C.I.T. v. Mukur Corporation (1978) 111 ITR 312 (Guj). and ignoring the decision on the same issue by the Allahabad High Court in J.P. Srivastava and Sons (Kanpur) Ltd. v. C.I.T. (1978) 111 ITR 326 was not a mistake of law rectifiable under section 254 and no question of law arose from its order. Additional C.I.T. v. Mukur Corporation (1978) 111 ITR 312 (Guj.); Srivastava (J.P.) and Sons (Kanpur) Ltd. v. C.I.T. (1978) 111 ITR 326 (All.) and Swarup Vegetable Products Industries Ltd. (No.l) v. C.I.T. (1991) 187 ITR 412 (All.) ref. JUDGMENT B.P. JEEVAN REDDY, CJ.---This Income-tax reference is preferred against the order of the Tribunal made on a petition for rectification riled by the assessee. Against the order of the Tribunal from which Income-tax Reference No.71 of 1986 (Swarup Vegetable Products Industries Ltd. (No.l) v. CIT (1991) 187 ITR 412 (All.)) arises, the assessee filed an application for rectification on the ground that the Tribunal has not noticed a particular decision of this Court and, therefore, the decision suffers from a mistake apparent on the face of the record. That petition was dismissed by the Tribunal where on the present Income-tax reference was obtained. The questions sought to be raised are three in number, which are as follows: "(a)…

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