9911796707
TMI Blog2004 (5) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... nd direct the Tribunal to refer to this court the following questions of law - " (i) Whether Tribunal was justified in law in allowing the benefits of section 54F to an assessee who owned another residential house on the date of transfer? (ii) Whether Tribunal was justified in law in allowing the benefits of section 54F even if the transfer is not evidenced by a registered deed?" - - - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a and hence, the Tribunal should have referred the two questions of law proposed by the Revenue to the Tribunal in their application made under section 256(1) of the Act. In other words, on a perusal of the entire controversy involved in the case, it does appear to us that the questions proposed are questions of law and need to be answered by this court in its reference jurisdiction under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o not wish to burden our order by taking note of the facts of this case in much detail as the same has got to be stated by the Tribunal in the statement of facts. Suffice it to say that the issue involved in the case centers around as to whether the assessee is entitled to take the benefit of section 54F of the Act in respect of the transaction entered into by an assessee which is not evidenced by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts and in the circumstances of the case, the Tribunal was justified in law in allowing the benefits of section 54F even if the transfer is not evidenced by a registered deed?" Let the statement of case be sent to this court by the Tribunal within six months. A copy of this order together with all original papers relating to this case (if there are with the registry) be remitted to the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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