1991 (3) TMI 41

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..... are applications under section 256(2) of the Income-tax Act, 1961, (for short "the Act"), filed by the Commissioner of Income-tax, Bhopal. Reference applications were filed under section 256(1) of the Act, by the Department before the Income-tax Appellate Tribunal, Indore, proposing the following questions of law : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal wa .....

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..... State Bank of Indore [1988] 172 ITR 24, (M. C. C. No. 281 of 1985 decided on November 6, 1987), the Division Bench of this court had already answered these very questions holding in favour of the assessee. The Income-tax Appellate Tribunal, therefore, relying on the aforesaid judgment of the High Court refused to make a reference and dismissed the application under section 256(1) of the Act befor .....

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