2002 (9) TMI 8 - HC - Income Tax

This is a petition u/s 256(2), seeking a mandamus to the ITAT, to draw up a statement of the case and refer to this court the question of law - The additions made by the Assessing Officer were deleted by the CIT (Appeals), and the ITAT, on accepting the explanation furnished by the assessee Tribunal hold that In the absence of a definite finding that the case of the assessee comes within the ken of the first proviso to section 145(1), it is not possible for the Assessing Officer to reject the book results and make addition to the gross profit. Held that Tribunal was right in rejecting the reference application filed by the Department Petition dismissed

Summary

The High Court of Punjab and Haryana dismissed a petition under section 256(2) of the Income-tax Act, 1961, seeking a mandamus to the Income-tax Appellate Tribunal to refer a question of law from an order pertaining to the assessment year 1987-88. The Tribunal's decision to reject the reference application was upheld, stating that no referable question arose from the order. The petition was dismissed.