2004 (4) TMI 55

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....he Income-tax Act, 1961, requiring the Tribunal to refer the question of law proposed by the assessee for being answered by this court under section 256(1) of the Income-tax Act. Having heard learned counsel for the parties and having perused the order passed by the Tribunal, we are of the opinion that no question of law arises out of the order passed by the Tribunal which may require this cour....

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.... challenged by the assessee or even by the Revenue by taking up the issue to the High Court in reference. Accordingly, the Assessing Officer worked out the interest in favour of the assessee. The assessee was not satisfied and, therefore, carried the matter to the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) contrary to the order passed by the Tribunal virtually m....

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....assed by the Tribunal. It is against this order, the assessee sought reference to this court under section 256(1) of the Act which was declined by the Tribunal by passing the aforesaid impugned order which has given rise to file this application under section 256(2) Of the Income-tax Act. In our opinion, the Tribunal rightly did not make any reference to this court for answering under section 2....