1994 (1) TMI 12

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....section 256(2) of the Income-tax Act, 1961, deal with a common question and, therefore, we propose to take them up together and dispose of them by a common judgment and order. The Revenue has filed these five applications under section 256(2) of the Income-tax Act, 1961, praying for a direction to call for a statement of facts from the Tribunal to this court for its opinion on the following quest....

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.... Our attention has been drawn to the decision of this court in I. T. A. Reference No. 17 of 1988--CIT v. Meghalaya Plywood Ltd. [1993] 202 ITR 343. It is submitted that the issue in these five applications is squarely covered by the said decision. On going through the records of the cases of these five applications and the ratio of the aforesaid decision, we are satisfied that the issues involved....

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....ya Plywood Ltd. [19931 202 ITR 343 (Gauhati) as we respectfully agree with the said decision. Under such circumstances, we consider that exercising such power would lead to a futile exercise of power for merely recording an answer following the said decision. On a plain reading of the provisions of sub-section (2) of section 256, it is clear that the High Court may not require the Tribunal to stat....