Supreme CourtFull Bench(2000) 12 SC CK 0030

COMMISSIONER OF INCOME TAX vs SMT. SARITA AGGARWAL and Another

Supreme Court Of India · Decided on 5 December 2000 · Citation: (2001) 167 CTR 105

HON’BLE JUDGES
Y.K. Sabharwal, J · S. P. Bharucha, J · N. Santosh Hegde, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No''s. 6208 to 6212 of 1995 with SLP (C) No''s. 10396 of 1990 and 22685 to 22687 of 1995 5 December 2000

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Judgment

3 paragraphs · 169 words

By the Court

The High Court rejected the application of the revenue to call for a reference of two questions on the ground that no question of law arose. The Tribunal, in the revenue's application u/s 256(1) of the Income Tax Act, had noted that the questions were covered against the Revenue by its earlier decisions, particulars whereof it gave. It also stated that reference applications against those decisions had been moved and had been rejected by the Tribunal. It would appear from a statement made by learned counsel for the revenue before the Tribunal that in respect of these questions an application u/s 256(2) had been moved but counsel for the revenue cannot tell us what happened thereafter. And the assessee has filed an affidavit to state that it has no information in this behalf.

2.

Having regard to the fact that, under these circumstances, the earlier decisions of the Tribunal on the same question remain unchallenged, these appeals and the Special Leave Petitions are dismissed with costs.