9911796707
TMI Blog1996 (4) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... 1989, of this court in Miscellaneous Civil Case No. 116 of 1987 (see Skyline Industries (P.) Ltd. v. CIT [1991] 187 ITR 130), the Income-tax Appellate Tribunal, Indore Bench, Indore, has under section 256(2) of the Income-tax Act, 1961 (for short, " the Act "), stated the case and referred the following question said to be of law to this court : " Whether, on the facts and in the circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under 41(1) of the Act. The Inspecting Assistant Commissioner (Assessment), however, did not agree with the contention and taxed the said amount under section 41(1) of the Act. The assessee went in appeal before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) dismissed the appeal holding that the said amount was rightly treated as income of the assessee under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 256(2) of the Act. The court by its order dated August 11, 1989, directed the Tribunal to state the case and refer the aforesaid question of law. This is how the reference has come up before this court. We have heard at length Shri G. M. Chaphekar, learned senior counsel appearing with Smt. Meena Chaphekar for the applicant/assessee, and Shri D. D. Vyas, learned counsel for the non-applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication for rectification is dismissed, there is no amendment of the order passed under section 254(1). Where no reference is sought in respect of the appellate order passed under section 254(1) the same becomes final in view of section 254(4) and no reference from the order rejecting an application for the rectification of any mistake is tenable under section 256(1). The position would be differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arise in law and it goes against the assessee. We do not also propose to have recourse to section 258 of the Act and refer the case back to the Tribunal as it, in view of the aforesaid legal position, would be an exercise in futility. In the result, we dispose of the case as aforesaid but without any order as to costs, Counsel's fee is, however, allowed at Rs. 750, for each side, if certified. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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