Punjab-Haryana High Court
Commissioner Of Income-Tax vs Knit Foulds (P.) Ltd. on 26 April, 1995
Equivalent citations: [1996]217ITR79(P&H)
Author: R.P. Sethi
Bench: R.P. Sethi
JUDGMENT
1. No one has appeared for the respondent after February 4, 1994.
2. We have heard learned counsel for the petitioner and perused the record.
3. The Appellate Tribunal had declined to make a reference to this court on the basis of a judgment of the Delhi High Court. Learned counsel appearing for the petitioner has argued and we agree that in the absence of a judgment of the jurisdictional court, the Tribunal was under an obligation to make a reference to this court for our opinion. The point raised in the petition cannot be termed a question of fact inasmuch as the liability is sought to be determined after the interpretation of the provisions of Section 37(3A) of the Income-tax Act, 1961.
4. The petition is disposed of with a direction to the Income-tax Appellate Tribunal to make a reference of the questions of law to this court detailed in the application of the reference filed under Sub-section (1) of Section 256 of the Income-tax Act, 1961.