1996 (2) TMI 54

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....ellaneous civil cases, registered on applications under section 256(2) of the Income-tax Act, 1961 (for short, "the Act"), presented by the applicant (Commissioner of Income-tax) are connected matters. Briefly stated, the facts of the case are that the assessee is a private trust and is assessed for different years. The trust is created by the late Maharaja Yeshwantrao Holkar on April 10, 1950.....

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....ed applications under section 256(1) of the Act seeking statement of cases and reference of the common question as extracted below : " Whether, on the facts and in the circumstances of the case, the Tribunal is justified in dismissing the Departmental appeal when the decision of the Madhya Pradesh High Court in Princess Usha Trust v. CIT [1983] 144 ITR 808 was not accepted by the Department ? "....

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.... since the special leave petition has been filed by the Department before the Supreme Court against the said judgment of the Madhya Pradesh High Court. However, in view of the judgment of the Madhya Pradesh High Court, we find no merit in these appeals. 2. The assessee filed cross-objections in these appeals alternatively challenging the quantum of assessment of income. Since the cancellation m....

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....ground for directing the reference. The point of controversy was decided by this court against the Department and the Tribunal passed the orders on following these decisions. In such a situation, it cannot be said that a referable question of law arose from the orders of the Tribunal. The Tribunal rejected the applications under section 256(1) of the Act after placing reliance on CWT v. Jambu Kuma....