2000 (5) TMI 6

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....failing in his attempt to get a statement of case being called for on the application filed under section 256(2) of the Income-tax Act, 1961, which was dismissed by the High Court. It appears that on the question of allowability of exemption under section 10(29) of the Income-tax Act in respect of certain income, the Commissioner (Appeals) held in favour of the assessee and the Tribunal also af....

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.... ?" A similar question had been raised relating to certain income derived by the U. P. Warehousing Corporation which was pending in this court, when this matter was placed before the court and the said civil appeal relating to the U. P. Warehousing Corporation stood disposed of by order dated November 20, 1990, calling upon the Tribunal to refer the question for the decision of the High Court. ....

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....iled to exercise jurisdiction vested, in law. Though, we prima facie do not find any conflict between the two decisions referred to above, but it is not necessary for us to express any final opinion on the same since at this stage the court is only required to find out whether a question of law arises and pass appropriate directions requiring the Tribunal to make a statement of case and refer t....