2004 (2) TMI 18

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction 256(2) of the Income-tax Act, 1961 (for short "the Act"), seeking a direction to the Income-tax Appellate Tribunal, Chandigarh Bench (for short "the Tribunal"), to state the case and refer the following question of law arising out of its order dated June 11, 1991, for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-I of the Act. The Revenue preferred an appeal before the Tribunal against the order of the Commissioner of Income-tax (Appeals) which was dismissed vide order dated June 11, 1991. The Tribunal also rejected the Revenue's application under section 256(1) of the Act seeking reference of the above mentioned question of law for the opinion of this court vide its order dated November 19, 1992. The pr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....atement of the case and refer the question of law for the opinion of this court. However, since we are of the view that the facts contained in the order of the Tribunal are enough for answering the question, we do not deem it necessary to call for a statement of the case which, in our view, would be an exercise in futility. For this purpose, we derive support from the decision of the Delhi High Co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ugh to enable the High Court to answer the question of law posed before it, it is not necessary for the High Court to call for a statement of case as, in our opinion, that would be an exercise in futility. The High Court can straightaway proceed to answer the question." We, therefore, straightaway proceed to answer the question. In view of the law laid down by the apex court in N.C. Budharaja [19....