1995 (11) TMI 13

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....this reference under section 256(1) of the Income-tax Act, 1961 (for short "the Act"), made at the instance of the assessee, the Tribunal has referred the following three questions to this court for opinion : "1. Whether, on the facts and in the circumstances of the case, the Tribunal had jurisdiction in requiring the lower authorities to ascertain the method of accounting followed by the asses....

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....our of the Revenue. It is also agreed by counsel for the parties that question No. 3 is also covered in favour of the Revenue by the decision of this court in Padamjee Pulp and Paper Mills Ltd. v. CIT [1994] 210 ITR 97. Following the same question No. 3 is also answered in the affirmative and in favour of the Revenue. As desired by learned counsel for the assessee, we make it clear that the ....

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....erence under section 256(2) also came to be rejected by this court. He also stated that the Appellate Assistant Commissioner, in pursuance of the remand by the Tribunal, has not done anything as yet and the matter is lying where it was. He, therefore, submits that no fruitful purpose would be served after the long lapse of 30 years if the matter is examined by the Appellate Assistant Commissioner ....