1995 (11) TMI 89

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....red by A. R. TIWARI J.-- The Commissioner of Income-tax, Bhopal, has filed this reference application under section 256(2) of the Income-tax Act, 1961, seeking direction to the Tribunal to state the case and refer the questions of law as proposed. The questions of law are extracted below : "1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in hol....

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.... under the agreement that any variation in the price inclusive of excise duty and sales tax will be the liability or benefit of the party implying thereby that the burden of increase as well the benefit of any decrease in the rate of sales tax will go to the MPEB. The Hindustan Aluminium Corporation challenged the rate of tax on the ground that the Central sales tax on the productions in question ....

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.... therefore, deleted the addition. The matter then came to this court under section 256(2) of the Act at the instance of the Commissioner of Income-tax. This court rejected the reference on September 19, 1984, on the conclusion that it was a pure question of fact. In the year of assessment 1983-84, the Income-tax Officer again sought to tax the amount holding that the MPEB has not chosen to claim t....

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....artment, therefore, filed this application before this court under section 256(2) of the Act. We have heard Shri D. D. Vyas, learned counsel for the Department and Shri G. M. Chaphekar, learned senior counsel with Shri Subhash Samvatsar for the assessee. The attempt of the Department to augment the amount of income to the extent of refund of Rs. 2,53,185 of the assessment year 1980-81 did no....