https://www.taxtmi.com/caselaws?id=155919 A reference application under section 61(1) of the Bombay Sales Tax Act, 1959 was held to raise an arguable question, because the challenge concerned whether a fresh assessment made pursuant to a remand order could survive after that remand order was later set aside. The Court found that the Tribunal was wrong to treat the question as unworthy of reference, since the issue required consideration on the statement of facts and could not be rejected as incapable of argument. The Tribunal's refusal to state a case was therefore unsustainable, and its order was set aside with a direction to refer the appropriate question to the High Court. en-us Mon, 06 Aug 1990 00:00:00 +0530 Tue, 10 Sep 2013 18:23:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=155919 A reference application under section 61(1) of the Bombay Sales Tax Act, 1959 was held to raise an arguable question, because the challenge concerned whether a fresh assessment made pursuant to a remand order could survive after that remand order was later set aside. The Court found that the Tribunal was wrong to treat the question as unworthy of reference, since the issue required consideration on the statement of facts and could not be rejected as incapable of argument. The Tribunal's refusal to state a case was therefore unsustainable, and its order was set aside with a direction to refer the appropriate question to the High Court. Case-Laws VAT and Sales Tax Mon, 06 Aug 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=155919