1995 (11) TMI 54

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....red by R. P. SETHI J.--Vide an application filed under sub-section (1) of section 256 of the Income-tax Act, 1961, the Revenue sought reference of the following questions of law to this court for opinion : " 1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is legally justified in admitting the assessee's appeal which had already been a subject-....

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....old that in view of the judgment of the Supreme Court in Central Provinces Manganese Ore Co. Ltd. v. CIT [1986] 160 ITR 961, there was no necessity of making of reference to this court for opinion regarding the right of the assessee to avail of the remedy of appeal despite availing the remedy of revision. However, so far as question No. 2 is concerned, the Tribunal rejected the plea of the Revenue....

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....ee with respect to the import entitlement was not a false claim, though it stood disallowed on account of retrospective legislation. Similarly, certain other deductions claimed by the assessee with respect to depreciation and claim under section 35B of the Act were also held to be of such nature which the assessee could never anticipate. In these circumstances, income shown in the return was held ....

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....dly, neither the Supreme Court nor the jurisdictional court have decided the scope of section 7(1) of the 1964 Act. In the absence of an authoritative pronouncement, the Tribunal was under a legal obligation to refer the aforesaid question to this court for opinion under sub-section (1) of section 256 of the Act. Accordingly, this petition is allowed with a direction to the Tribunal to refer to....