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Judgment
By the Court
Leave granted.
By the order under challenge, the High Court declined to entertain an appeal in respect of the following question :
"Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in law in upholding the decision of the learned Commissioner (Appeals) deleting the addition of Rs. 3,12,589 even when the decision relied on by the Commissioner (Appeals) were not accepted by the department and R. A. u/s 256(2) stood admitted by the Hon''ble High Court for assessment year 1986-87 on the issue under consideration ?"
The High Court was of the view that no substantial question of law arose. The High Court had, on an application by the revenue u/s 256(2) of the Income Tax Act, called upon the Tribunal to refer to it the identical issue in respect of a previous year. It is fairly stated, in the circumstances, that this appeal should be allowed, the order under challenge should be set aside and the appeal (ITA No. 7 of 1999) restored to the file of the High Court to be heard and disposed of on merits along with the income tax reference (IT Ref. Nos. 40, 42 and 43 of 1995).
It is so ordered.
No order as to costs.