2000 (11) TMI 16

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....GHVI J.-This is a petition under section 256(2) of the Income-tax Act, 1961 (for short "the Act"), directing the Income-tax Tribunal, Amritsar Bench, Amritsar (for short "the Tribunal"), to refer the following question of law to this court for its opinion: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in upholding the order of the Commi....

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....andhar (for short "the CIT (A)"), allowed the appeal filed by the assessee and directed the assessing authority to amend the surtax assessment by treating Rs. 57,85,000 as part of the capital. The Tribunal upheld the order passed by the Commissioner of Income-tax (Appeals) and the reference application filed by the Revenue was also dismissed. Shri R.P. Sawhney invited our attention to the order....