Reference under income-tax law refused where proposed issues raised no referable question of law from the Tribunal's order.

Questions concerning the Tribunal's recall of its earlier order, its power to review or rectify, and the alleged absence of a mistake apparent from the record were held not to arise from the impugned order. The High Court also found that the remaining proposed issue depended on appreciation of facts already on record and therefore did not constitute a question of law fit for reference under section 256(2) of the Income-tax Act, 1961. The application for reference was accordingly rejected because no referable question of law arose from the Tribunal's order.

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Issues: Whether the proposed questions arising from the Tribunal's order were referable for opinion of the High Court under section 256(2) of the Income-tax Act, 1961.

Analysis: The application sought reference of questions relating to the Tribunal's recall of its earlier order and its power to review or rectify its decision. The Court found that questions relating to the Tribunal's power to review, the invocation of section 254(2) in the absence of a mistake apparent from the record, and alleged perversity did not arise from the impugned order. The remaining proposed question was held to depend on appreciation of facts already on record and therefore did not give rise to a question of law fit for reference.

Conclusion: The application under section 256(2) was rejected as no referable question of law arose from the Tribunal's order.

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