Commissioner of Income Tax vs Bekelia Drugs

This is an application u/s 256(2) of the Income Tax Act, 1961 (for short the "Act"). The petitioner has prayed for an order directing the Income Tax Appellate Tribunal to refer the question mentioned in paragraph 5 of the petition.

We have heard Mr. Joshi, learned counsel appearing on behalf of the Revenue, and Dr. Saraf, learned counsel appearing on behalf of the respondent. We have also gone through the question which is quoted below :

" Whether, on the facts and in the circumstances of the case, the Tribunal has erred in law and in facts to recall its final order with a view to rectify the same u/s 254(2) ?"

After considering the facts as well as on a perusal of the question, we find that this is a referable question. Accordingly, we direct the Income Tax Appellate Tribunal to refer the said question for opinion of this court.

This petition is accordingly disposed of. However, considering the facts and circumstances of the case, we make no order as to costs.