Commissioner of Income Tax vs Ivory Mart.

Three questions are sought to be referred. Of these, questions 1 and 2 are covered by an earlier order of this Court dismissing ITC 151/84 pertaining to the earlier asst. yr. 1977-78 Counsel for the petitioner, however, submits that question No. 1 raises a question of law. We find that the Tribunal has only followed its order to the asst. yr. 1977-78 and as already mentioned the reference application filed by the department on that issue in that year has been dismissed. In these circumstances we are of opinion that no question of law arises for reference on this issue for this assessment year particularly in view of the fact that the amount involved is very small.

So far as question No. 3 is concerned, we are of opinion that a question of law does arise out of order of the Tribunal. We Therefore, direct the Tribunal to state a case and refer the following question for our decision :

"Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the assessed was entitled to the allowance of the entire claim made by it u/s 35B ?"

In the result, the Tribunal would refer only one of the three questions, namely question No. 3. This application is disposed of. No orders as to costs.