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TMI Blog1995 (11) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income-tax Act, 1961, the Revenue sought reference of the following questions of law to this court for opinion : " 1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is legally justified in admitting the assessee's appeal which had already been a subject-matter of revision order by the Commissioner of Income-tax under section 17 of the Companies (P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. CIT [1986] 160 ITR 961, there was no necessity of making of reference to this court for opinion regarding the right of the assessee to avail of the remedy of appeal despite availing the remedy of revision. However, so far as question No. 2 is concerned, the Tribunal rejected the plea of the Revenue by holding : " After looking into the nature of disallowance made by the Assessing Officer, it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of retrospective legislation. Similarly, certain other deductions claimed by the assessee with respect to depreciation and claim under section 35B of the Act were also held to be of such nature which the assessee could never anticipate. In these circumstances, income shown in the return was held to be not untrue or based on incorrect estimate. The very fact that many claims were allowed at th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the 1964 Act. In the absence of an authoritative pronouncement, the Tribunal was under a legal obligation to refer the aforesaid question to this court for opinion under sub-section (1) of section 256 of the Act. Accordingly, this petition is allowed with a direction to the Tribunal to refer to this court, the following question of law for adjudication and opinion : " Whether, on the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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