https://www.taxtmi.com/caselaws?id=5069 A question of law is referable when it arises directly from the Tribunal's order and is not actually decided by an earlier case. The earlier decision on section 23A only laid down general principles and did not determine whether dividends declared by another company in which the assessee held shares were fictional income or when the assessee became entitled to receive them. Because the precise legal issue raised by the Commissioner remained unanswered, it was fit for reference under section 66. The Tribunal and the High Court were therefore wrong to refuse the reference, and the question had to be stated for the High Court. en-us Thu, 04 May 1967 00:00:00 +0530 Wed, 19 Nov 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=5069 A question of law is referable when it arises directly from the Tribunal's order and is not actually decided by an earlier case. The earlier decision on section 23A only laid down general principles and did not determine whether dividends declared by another company in which the assessee held shares were fictional income or when the assessee became entitled to receive them. Because the precise legal issue raised by the Commissioner remained unanswered, it was fit for reference under section 66. The Tribunal and the High Court were therefore wrong to refuse the reference, and the question had to be stated for the High Court. Case-Laws Income Tax Thu, 04 May 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=5069