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    <title>1952 (12) TMI 4 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=49730</link>
    <description>A valid reference under the Income-tax Act arises only from an order made by the Appellate Tribunal in a proper appeal within the statutory appellate scheme. A recomputation made by the Income-tax Officer after giving effect to Tribunal directions was not an assessment order capable of supporting an appeal, and the Appellate Assistant Commissioner&#039;s refusal to admit the appeal could not be treated as an order under the appellate provisions. A miscellaneous application before the Tribunal was therefore not an appeal under the Act, and an order made on a supposed inherent power could not generate a question of law for reference. The reference was consequently incompetent for want of jurisdiction, and the High Court properly declined to answer it.</description>
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    <pubDate>Mon, 22 Dec 1952 00:00:00 +0530</pubDate>
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      <title>1952 (12) TMI 4 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=49730</link>
      <description>A valid reference under the Income-tax Act arises only from an order made by the Appellate Tribunal in a proper appeal within the statutory appellate scheme. A recomputation made by the Income-tax Officer after giving effect to Tribunal directions was not an assessment order capable of supporting an appeal, and the Appellate Assistant Commissioner&#039;s refusal to admit the appeal could not be treated as an order under the appellate provisions. A miscellaneous application before the Tribunal was therefore not an appeal under the Act, and an order made on a supposed inherent power could not generate a question of law for reference. The reference was consequently incompetent for want of jurisdiction, and the High Court properly declined to answer it.</description>
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      <pubDate>Mon, 22 Dec 1952 00:00:00 +0530</pubDate>
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