1995 (12) TMI 32

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....R. TIWARI J.--The applicant (Messrs. Ganga Cut-piece Centre, Dewas), has filed this application under section 256(2) of the Income-tax Act, 1961 (for short "the Act"). Briefly stated, the facts of the case are that the applicant is a partnership firm carrying on the business of sale and purchase of cloth. Initially, Smt. Gangabai and her son, Ramehandra, were partners of the firm in equal share....

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....ment year in question. The case was registered in this court as Miscellaneous Civil Case No. 244 of 1979 (Ganga Cut Piece Centre v. CIT [1982] 137 ITR 274 (MP)). It was decided on April 27, 1981, against the applicant. The matter is now said to be pending in the Supreme Court through Special Leave Petition No. 7318 of 1981. On September 26, 1983, it was registered as Civil Appeal No. 8445 (NT) of ....

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....iled this application under section 256(2) of the Act. We have heard Shri K. N. Puntambekar, learned counsel for the applicant/assessee, and Shri D. D. Vyas, learned counsel for the non-applicant/Department. Shri Puntambekar submitted that the Tribunal be directed to state the case and refer the proposed questions in view of the pendency of similar questions before the Supreme Court in the a....