| Case ID |
2bb38a89-70c5-42de-bac4-01321530055a |
| Body |
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| Case Number |
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| Decision Date |
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| Hearing Date |
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| Decision |
The application under section 256(2) succeeds and is allowed with costs assessed at Rs. 300. The Income-tax Appellate Tribunal was directed to refer two questions for the opinion of the High Court regarding the validity of its prior decision to vacate the order of the Commissioner of Income-tax under section 263. The Court found that the questions were statable questions of law, arising from the Tribunal's order. |
| Summary |
In this case before the Allahabad High Court, the Revenue filed an application under section 256(2) of the Income-tax Act, 1961, concerning the assessment year 1984-85. The core issues revolved around whether the Income-tax Appellate Tribunal was correct in vacating the order of the Commissioner of Income-tax under section 263 and whether there was sufficient material to support the Commissioner's findings regarding the assessment made under section 143(1). The Court ultimately directed the Tribunal to refer the questions for its opinion, emphasizing the importance of these legal questions concerning tax assessments and the authority of the Income-tax Commissioner. This case highlights the procedural and substantive aspects of tax law, specifically the interactions between different sections of the Income-tax Act, and serves as a precedent for future tax-related disputes. |
| Court |
Allahabad High Court
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| Entities Involved |
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| Judges |
K.P. Singh,
R.K. Gulati
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| Lawyers |
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| Petitioners |
Commissioner of Income Tax
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| Respondents |
Smt. Sangeeta Agarwal
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| Citations |
1992 SLD 1630,
(1992) 196 ITR 647
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| Other Citations |
Not available
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| Laws Involved |
Income-tax Act, 1961
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| Sections |
263,
256,
143(1)
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