TaxTMI 
TaxTMI 
1995 (11) TMI 92
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.... section 256(2) of the Income-tax Act: 1961, seeking directions to the Tribunal to send the statement of the case and refer the question of law as proposed. The proposed questions of law are reproduced below : "1. Whether the Tribunal was correct in holding that the assessment made by the Income-tax Officer for the assessment year 1978-79 could not be held to be erroneous and prejudicial to the i....
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....e Inspecting Assistant Commissioner of Income-tax in his discretion available to him under section 144B of the Income-tax Act directed the Income-tax Officer to delete this addition. Thus, assessment was made by the Assessing Officer excluding this amount. Later, the Commissioner of Income-tax examined the record of the case and the assessment order and concluded that the assessment was erroneous ....
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....ear 1978-79 were allowed by order dated November 16, 1989. The Department then filed an application under section 256(1) of the Income-tax Act for reference of the questions as noted above. The application was rejected. The Department has, therefore, filed this application under section 256(2) of the Income-tax Act. We have heard Shri D. D. Vyas, learned counsel for the applicant. Shri Samvatsar ....