1996 (3) TMI 55

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r section 256(2) of the Income-tax Act, 1961, the applicant/Department seeks a direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer the undernoted questions said to be of law for the opinion of this court, arising out of its common order dated November 30, 1990, passed in M. A. Nos. 50 and 51/Ind. of 1990, and its refusal to refer the case by order dated December 30,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt year involved is 1977-78 for which the income of the non-applicant/assessee was returned at Rs. 1,130 and which was finally assessed at Rs. 74,484. Since the assessee committed a default as envisaged under section 271(1)(c), the Assessing Officer initiated proceedings and imposed penalty of Rs. 3,320. The matter went up to the Tribunal which by its consolidated order dated September 4, 1990, pa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... " For the present it is not necessary to consider what is pointed out as mistake in the order of the Tribunal by the assessee. What we find is that a factual mistake has crept in the order of the Tribunal in the case of the assessee, Tirupati Construction Co., proceeded on the assumption of the fact that it filed a return of income for the assessment year 1975-76 on February 26, 1981, in compl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al. The Department has, therefore, come up before this court under section 256(2). We have heard Shri D. D. Vyas, learned counsel for the applicant/ Department. None has appeared for the non-applicant/assessee. We are satisfied that the order of the Tribunal recalling its earlier order is based on appreciation of facts and, therefore, it does not give rise to any referable question of law. I....