Commissioner Of Income-Tax vs Uttar Bharat Wool Mfg. Co. Pvt. ...
1992 Latest Caselaw 415 Del

JUDGMENT

The petitioner seeks reference of the following question to this court :

"Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in holding that the assessed can carry forward the loss for the assessment year 1984-85 when the return for that year was filed belatedly ?"

2. It is contended by learned counsel for the petitioner that, on an earlier occasion, this court had issued mandamus asking for reference of similar question.

3. Mr. Monga, however, has brought to our notice an order of the Supreme Court dated July 19, 1991, whereby, in the special leave petition being SLP (Civil) No. 10790 of 1991, CIT v. Vizianagaram Press and Mills Co. Ltd. [1991] 191 ITR (St.) 7, the Supreme Court upheld the decision of the Andhra Pradesh High Court which had rejected a reference application on an identical question. In view of this order of the Supreme Court, the question of calling for a reference cannot arise. We, therefore, dismiss this application.