TaxTMI 
TaxTMI 
Reference applications u/s 256(1)-Criteria.
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....he commissioners are expected to send reports to the board only where they recommend a reference or where they have some doubts. Where the commissioners propose to accept the decisions of the tribunal they are not expected to refer the matter to the board. The board is generally reluctant to advise reference unless the tax effect is more than Rs.10,000 or a general question of law affecting a larg....
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....de on his own whether to accept the decision of the tribunal or to file reference application u/s.256(1) etc. Even where reference application u/s.256(1) etc., so filed by the commissioner is rejected by the Tribunal and the commissioner proposes to accept the same on reconsideration of the matter he need not refer the case to the board; (ii) wherever reassessment/rectification/revision proceed....
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....of the date of limitation. ii) The proposal should be accompanied by all relevant documents including the opinion of the standing counsel. The standing counsel may be asked to give firm, detailed and well reasoned opinions and on the basis thereof may recommend filing of references only if the department has not merely an arguable case but a good chance of succeeding before the high court. 3....
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.... assessee or in other cases the general monetary limit of Rs.10,000 for filing a reference will apply. 3.3 Since the main object is to reduce the litigation and also the costs involved therein the commissioners will make sure that repitive reference on identical questions of law filed in the high court should be grouped and the high court may be requested to hear them together. 4. The board ....