Commissioner of Income Tax vs K.N. Agarwal

By this application the Department is asking this court to refer the following question u/s 256(2) of the Income Tax. Act, 1961 :

"Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in concluding that the share income was subject to overriding charges to the extent of l/3rd each in favour of wife and minor child and the assessment is a substantive one in favour of the assessee ?"

We do not think that there is any substance in this application inasmuch as the Tribunal has merely followed the judgment of this court in Shiv Narain Agarwal Vs. Commissioner of Income Tax, . The ground on which the reference is sought is that an appeal is pending in the Supreme Court against the judgment of this court. It is not brought to our notice that the Supreme Court has suspended or stayed the operation of the judgment of this court. In the circumstances, the ground assigned is not sufficient for making a reference.

The application is, accordingly, dismissed.