1991 (5) TMI 19

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..... -This applications under sub-section (2) of section 256 of the Income-tax Act, 1961 (for short " the Act "), it appears to us, is misconceived and is not maintainable. The Commissioner of Incometax, Lucknow, feeling aggrieved by the order of the Income-tax Appellate Tribunal made an application to it under sub-section (1) of section 256 of the Act for making a reference to this court on the ques....

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....ication under sub-section (2) of section 256 of the Act has been filed proposing the same question that was raised in the application under section 256(1) of the Act. We have heard learned counsel for the parties. A plain reading of sub-section (2) of section 256 of the Act would show that this sub-section entitles an assessee or the Commissioner, as the case may be, to apply to the High Court ....

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....passed under section 256(1) by taking recourse to sub-section (2) of that section. The remedy of the applicant, if any, may lie elsewhere. The application, in our opinion, is wholly misconceived. We may refer to a decision of this court in Govind Singh Bhagwan Singh v. ITO [1972] 84 ITR 214, in which the view taken was that where an application under section 256(1) of the Act made to the Tribun....