Commissioner Of Income-Tax vs Chet Ram And Sons.
1987 Latest Caselaw 175 Del

JUDGMENT

1. These two applications in respect of a consolidated order by the Tribunal on an appeal in ITC No. 158 of 1986 can be taken as the reference arising from the cross-objection.

2. After hearing the arguments of learned counsel for the petitioner and the written submissions made on behalf of the respondent-assessed, we think that a question of law does arise out of the order of the Tribunal. We, therefore, direct the Tribunal to state a case and refer the following question of law for the decision of this court :

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the initiation of proceedings under section 148 of the Income-tax Act, 1961, was not-valid ?"

ITC No. 158 of 1986 is disposed of.

3. No separate reference need be directed in ITC No. 163 of 1986 as this application has been filed only as a matter of precaution as the assessed had also filed a cross objection before the Tribunal. ITC No. 163 of 1986 is disposed of One statement of case may be furnished by the Tribunal.

4. There will be no order as to costs.