Referable questions of law found in Tribunal order; reference application allowed and statement of case directed for merits decision.

The High Court found that the Revenue's proposed questions arose as referable questions of law from the Tribunal's order. On that basis, the reference application was allowed, and the Tribunal was directed to draw up and transmit the statement of case containing the framed questions for decision on merits. The operative legal point is that questions meeting the threshold of a referable question of law may be sent to the High Court for adjudication through the reference procedure.

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Issues: Whether the questions proposed by the Revenue gave rise to referable questions of law arising from the Tribunal's order, warranting a reference to the High Court.

Analysis: The Court found that the proposed questions were referable questions of law arising out of the Tribunal's order. It held that the reference application deserved to be allowed and directed the Tribunal to draw up and transmit the statement of case containing the framed questions for decision on merits.

Conclusion: The reference application was allowed and the Tribunal was directed to send the statement of case on the framed questions.

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