1985 (8) TMI 53 - HC - Income Tax

Summary

Issues:
- Application under section 256(2) of the Income-tax Act for compelling the Appellate Tribunal to refer a question of law to the High Court.
- Interpretation of section 256(2) regarding the circumstances under which the High Court may require the Appellate Tribunal to refer a question of law.
- Consideration of whether a question of law arises and the criteria for determining the same.

Analysis:
The judgment involves an application by the State Bank of Travancore under section 256(2) of the Income-tax Act to compel the Appellate Tribunal to refer a question of law to the High Court. The Tribunal had refused to refer the question, citing a previous decision by the High Court which concluded the matter. The petitioner argued that as the Supreme Court had granted leave to appeal against the previous decision, the question of law was still open for consideration. The legislative history of section 256(2) was discussed, emphasizing the need for an arguable question of law to trigger the High Court's jurisdiction.

The judgment delves into the scope of section 256(2) of the Income-tax Act, highlighting that the Appellate Tribunal can refuse to state a case if it deems no question of law arises. However, if the High Court is not satisfied with the Tribunal's decision, it may require the Tribunal to refer the question of law. It was emphasized that a question of fact falls outside the Tribunal's reference jurisdiction, and the focus should be on whether an arguable question of law exists. The judgment clarifies that even if a question of law has been settled by the Supreme Court, if there are divergent opinions or pending appeals, the High Court may still consider it.

Citing precedents, the judgment emphasizes that the High Court's role is not to decide the ultimate outcome of the question but to determine if a question of law, supported by reasonable arguments, arises from the Tribunal's order. The judgment aligns with the views of other High Courts that in cases of conflicting opinions or pending appeals, a statable question of law exists. Ultimately, the High Court directed the Appellate Tribunal to refer a specific question of law regarding the validity of an addition to income for the assessment year 1977-78, highlighting the importance of addressing arguable legal issues despite previous decisions.