1986 (8) TMI 48

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..... sessee, opposite party, in regard to the assessment year 1975-76, the Commissioner of Income-tax, Allahabad, made an application under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), with a prayer that the following three questions may be referred to this court for its opinion : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was leg .....

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..... Having heard, counsel for the parties, we are of the opinion that question No. 1, referred to above, is a question of law arising out of the appellate order of the Tribunal and a case requiring the Tribunal to refer the said question to this court has been made out. As regards question No 2, we agree with the view taken by the Tribunal that the said question is not a question of law arising out .....

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