Research › Browse › Judgment

Allahabad High Court · body

1988 DIGILAW 965 (ALL)

SHREE RAM WASHER RAHAT INDUSTRIES v. INCOME-TAX APPELLATE TRIBUNAL

1988-10-13

OM PRAKASH, R.K.GULATI

body1988
( 1 ) HEARD learned counsel for the parties. ( 2 ) THE only question for consideration in this petition is, whether a reference application under section 256 (1) of the Income-tax Act, 1961, is maintainable against the order passed under section 254 (2) of the said Act. This question came up for consideration before this court in chemicals and Allied Products v. Income-tax Appellate Tribunal [1989] 175 ITR 344 (supra)and the Bench, of which one of us was a member, took the view that a reference against the order passed under Section 254 (2) of the said Act is maintainable. ( 3 ) FOLLOWING the aforesaid decision, we quash the order dated 26th August, 1987 (annexure-7 to the writ petition), passed by the Income-tax Appellate Tribunal, Allahabad. ( 4 ) THE Appellate Tribunal is directed to consider the application of the petitioner made under section 256 (1) and decide the same on merits according to law. .