9911796707
TMI Blog1996 (8) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... . C. No. 229 of 1985, dated September 23, 1988 the Income-tax Appellate Tribunal has referred to this court the following questions of law for opinion as arising from the order of the Tribunal in S.T.A. 1 and 2/Hyd. of 1981, dated March 26, 1982 : " 1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the applications filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rectify the assessment. The first appellate authority confirmed that order. On further appeal to the Income-tax Appellate Tribunal, the question was whether for purposes of arriving at the total income, the income by way of dividend has to be excluded and whether the income by way of dividend, means the net income by way of dividend or the gross income by way of dividend. This was the question th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of us (Justice Syed Shah Mohammed Quadri) was a member in CIT v. Vazir Sultan Tobacco Co. Ltd. [1995] 212 ITR 624. Following those judgments, the third question is answered in the affirmative, that is, in favour of the Revenue and against the assessee. So far as questions Nos. 1 and 2 are concerned, in our view, those questions do not really arise from the order of the Tribunal. Therefore, we decl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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