Commissioner of Income Tax vs Metal Products of India

V. Ramaswami, C.J.—We are satisfied that the following questions of law do arise from/out of the order of the Tribunal. Accordingly, we direct the Tribunal to draw up a statement of the case and refer the following questions of law to this court for its opinion :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in recalling its appellate order dated November 29, 1975 which had become final u/s 254(4) of the Income Tax Act, 1961, in exercise of its inherent power and in restoring the appeal to its file ?

Whether, on the facts and in the circumstances of the case, the Tribunal had jurisdiction to entertain a second application u/s 254(2) of the Act after it had already dismissed the earlier application of the assessee for rectification made on similar grounds ?

Whether, on the factual position clearly discussed by the Income Tax Officer and the Appellate Assistant Commissioner in their orders, the Tribunal is right in holding that the exact position was not placed before it by the assessee at the hearing of the appceal so as to justify the reopening of the case ?"