1987 (10) TMI 17 - HC - Income Tax

Summary

Issues:
1. Refusal by the Income-tax Appellate Tribunal to state the case on the ground that no question of law arises.
2. Maintainability of the application under section 256(2) of the Income-tax Act, 1961.

Analysis:
Issue 1: The case involved an application under section 256(2) of the Income-tax Act, 1961, where the Tribunal had rejected the application under section 256(1) for making a reference to the High Court. The Tribunal had refused to state the case on the ground that no question of law arises. The Revenue moved a petition under section 256(2) challenging this refusal.

Issue 2: The High Court analyzed section 256(2) of the Income-tax Act, emphasizing that the jurisdiction of the High Court can be invoked only when the Appellate Tribunal refuses to state the case on the ground that no question of law arises. It was noted that the Tribunal prepares a draft statement of the case and calls for suggestions before finalizing it. The Court referred to relevant case laws, such as S. P. Jaiswal v. CIT, Prem Narain Khurana v. CIT, and CIT v. Bombay Master Printers Association, to support the interpretation that an application under section 256(2) is maintainable only when the Tribunal refuses to state the case due to the absence of any question of law.

The Court also considered the argument raised by the Revenue regarding the legality of the Tribunal's order and the possibility of treating the application as a writ petition under article 226 of the Constitution of India. However, it was concluded that the scope and jurisdiction of an application under section 256(2) and a writ petition under article 226 are distinct. The Court highlighted the importance of complying with procedural requirements and the limitations of its jurisdiction in such matters.

Ultimately, the High Court held that the petition was not maintainable under section 256(2) of the Income-tax Act and dismissed it, leaving the parties to bear their own costs. The Court's decision was based on the interpretation of the relevant legal provisions and precedents cited during the proceedings.