1994 (9) TMI 48

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..... 256 of the Income-tax Act, 1961 (for short, " the Act "), a prayer is made that a direction be issued to the respondent-Tribunal to make a reference to this court regarding the alleged question of law formulated before it. In view of the Full Bench judgment of five judges of this court in CIT v. Sovrin Knit Works [1993] 199 ITR 679, the present petition is not maintainable as the point of law soug .....

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..... emerge. It is the acknowledged position of law that the powers exercised under sub-section (2) of section 256 of the Act are advisory in nature. Being a special jurisdiction, the High Court can require the making of a reference upon a question of law which has not been settled or decided by it or by the apex court. In view of the Full Bench judgment of this court in Sovrin Knit Works' case [199 .....

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..... (2) because it had not been shown to the court that the opinion already expressed by the court in CIT v. Anand Sarup's case [1980] 121 ITR 873 (P H) was erroneous. Further, it would be a futile exercise for the Tribunal to refer the matter to the High Court and if the Tribunal declined, then to issue a mandamus to the Tribunal to refer the matter, because, in either eventuality, the answer would .....

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