1994 (1) TMI 9

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....A J. ---This is an application under section 256(2) of the Income-tax Act, 1961, filed by the assessee relating to the assessment year 1988-89 praying for a direction to the learned Tribunal to refer the following five questions of law for the opinion of this court : " 1. Whether, within the meaning of section 115J, the Tribunal was justified in not reducing the 30 per cent. of taxed income of ....

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.... of section 115J for levy of income-tax on the deemed income is ultra vires being discriminatory ? 5. Whether the Tribunal misdirected itself in law in basing the conclusion on a wrong interpretation of sub-section (2) of section 115J ?. " The aforesaid application arose out of the order passed by the learned Tribunal rejecting the reference application filed before it under section 256(1) o....

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....Mr. G. K. Joshi, learned counsel appearing for the assessee, and also Mr. D. K. Talukdar, learned counsel appearing for the Revenue. On a perusal of the orders passed by the learned Tribunal and on hearing learned counsel, we are of the opinion that the questions of law proposed by the assessee are pure questions of law as they relate to the interpretation of sub-section (1) and sub-section (2)....