1996 (4) TMI 36

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....to the order dated August 11, 1989, of this court in Miscellaneous Civil Case No. 116 of 1987 (see Skyline Industries (P.) Ltd. v. CIT [1991] 187 ITR 130), the Income-tax Appellate Tribunal, Indore Bench, Indore, has under section 256(2) of the Income-tax Act, 1961 (for short, " the Act "), stated the case and referred the following question said to be of law to this court : " Whether, on the f....

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....f the contract and hence not taxable under 41(1) of the Act. The Inspecting Assistant Commissioner (Assessment), however, did not agree with the contention and taxed the said amount under section 41(1) of the Act. The assessee went in appeal before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) dismissed the appeal holding that the said amount was rightly tre....

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.... assessee moved this court under section 256(2) of the Act. The court by its order dated August 11, 1989, directed the Tribunal to state the case and refer the aforesaid question of law. This is how the reference has come up before this court. We have heard at length Shri G. M. Chaphekar, learned senior counsel appearing with Smt. Meena Chaphekar for the applicant/assessee, and Shri D. D. Vyas,....

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....rent from the record. If, however, the application for rectification is dismissed, there is no amendment of the order passed under section 254(1). Where no reference is sought in respect of the appellate order passed under section 254(1) the same becomes final in view of section 254(4) and no reference from the order rejecting an application for the rectification of any mistake is tenable under se....