| Case ID |
d590eea8-9659-4762-ac2c-2bdbdfe93020 |
| Body |
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| Case Number |
Income-tax Application No. 40 of 1990 |
| Decision Date |
May 25, 1990 |
| Hearing Date |
|
| Decision |
The court addressed the Income-tax Application No. 40 of 1990 under section 256(2) of the Income-tax Act, 1961. The main issue was whether the Income-tax Appellate Tribunal had correctly rejected the application under section 254(2) and ignored vital evidence. The court found that questions pertaining to concessions made by the counsel for the assessee were factual and not questions of law. Consequently, questions 1 to 3 were not directed to be stated. However, it was determined that question 4 regarding the Tribunal's treatment of Form No.11-A was valid and should be referred. The application was partially allowed, indicating that while some matters were not of legal question, others warranted further examination. |
| Summary |
This case revolves around an application under section 256(2) of the Income Tax Act, 1961, where the petitioner, Shri Ram Washer Rahat Industries, sought to challenge the findings of the Income Tax Appellate Tribunal. The tribunal had rejected an application under section 254(2) based on concessions made by the assessee's counsel. The court evaluated whether these concessions constituted a valid legal question. It concluded that while some questions were factual, the issue regarding Form No. 11-A warranted further exploration. The ruling is significant for understanding the procedural aspects of tax law, particularly the importance of documentation and the tribunal's authority in reviewing its decisions. This case highlights the necessity for legal counsel to maintain clarity in concessions made during hearings, as it directly impacts the tribunal's rulings. In the context of tax law, procedural integrity is paramount, and this case underscores the need for precise documentation and adherence to legal standards. |
| Court |
Allahabad High Court
|
| Entities Involved |
Not available
|
| Judges |
B.P. Jeevan Reddy C.J.,
R.K. Gulati J
|
| Lawyers |
Counsel for the assessee
|
| Petitioners |
Shri Ram Washer Rahat Industries
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
1992 SLD 123,
1992 PTD 813,
(1991) 187 ITR 85
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1961
|
| Sections |
256(2)
|