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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether, in proceedings under section 256(2) of the Income-tax Act, 1961, a question of law already concluded by a binding decision of the Court becomes referable merely because a special leave petition is pending against that decision.
Analysis: The proposed question concerned the Tribunal's finding on capital gains arising from the sale of agricultural land and was founded on the Court's earlier decision on the same point. The Court held that the issue stood concluded by its prior ruling and that the mere pendency of a special leave petition against that ruling did not create a referable question of law. The Court also noted that this position was already settled by earlier decisions.
Conclusion: The question was held not to be referable on the ground of pendency of a special leave petition, and the application under section 256(2) was rejected.
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