AI Structured Summary
Not yet generated for this judgment
Judgment
V. Ramaswamy, C.J.—We are satisfied that, the following three questions of law do arise from out of the order of the Tribunal. Accordingly, we direct the Tribunal to state a case and refer the same to this court for its opinion :
"1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in holding that the mistake of not calculating the capital as on the first day of the previous year when the assessment order was passed, for the purpose of computation of deduction admissible u/s 80J, is not a mistake apparent from record which can be rectified by the Income Tax Officer u/s 154 ?
Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in holding that the issue of computation of capital employed as on the first day of the previous year for the purpose of computation of relief u/s 80J is a contentious one in which there can be two opinions and, therefore, there is no mistake apparent from the record recallable by the Income Tax Officer ?
In any case, whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in setting aside the Income Tax Officer''s order u/s 154 considering particularly the provisions of Section 80J(1A) inserted by the Finance (No. 2) Act, 1980, with retrospective effect from April 1, 1972 ?"