2001 (3) TMI 7

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.... of the Income-tax Act, 1961 (in short the Act), the Revenue has proposed the following questions for reference: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the Assessing Officer was not having any valid reasons, for initiating the proceedings under section 148 of the Income-tax Act? 2. Whether, on the facts and in the circu....

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....ankar Lal Ved Prakash. An application under section 256(1) of the Act was filed before the Tribunal to draw a statement of case and refer the questions, the same as noted above, for the opinion of the court. The Tribunal rejected the application holding, inter alia, that the findings given by it are purely factual and its order does not give rise to any referable question of law. So far as the fir....

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.... the parties. Learned counsel for the Revenue submitted that though essentially the questions appear to be those of fact yet the third question was wide enough to cover the gamut of the controversy. Learned counsel for the assessee, on the other hand, submitted that the Tribunal rightly rejected the prayer for reference as no question of law is involved. We find that the Tribunal has referred t....

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....ion of law such as construction of a statute or document of title. (2) When the point for determination is a mixed question of law and fact, which the finding of the Tribunal on the facts found is final, its decision as to the legal effect of those findings is a question of law which can be reviewed by the court. (3) A finding of fact which is erroneous in law when there is no evidence to su....