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TMI Blog1987 (4) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... said to arise out of its order dt. 20th Aug., 1986 in ITA No. 761/Chandi/84, for the opinion of the High Court under s. 256(1): "1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law and on facts that the two sales of land were bogus, sham or manipulated? 2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question. Now this conclusion was finding of fact and no reference on question of fact is contemplated by the Act. 3. We agree with the ld. Departmental representative that the question as to whether the registered deed is the last word for transfer and whether oral evidence contrary to the terms of the registered deeds can be admitted for the purpose of nullifying the effect of registered docu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of High Court of Punjab and Haryana State covers a question sought to be referred to that High Court, then so far as the Tribunal of that State is concerned, no referable question of law can be said to arise even if the question raised is a question of law, as otherwise it will tantamount to questioning the correctness of the binding decision of the High Court by the Tribunal". In fact, thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d question will arise only if the answer to the first question is given by the High Court in favour of the Revenue. If the first question does not subsist and the sale deeds executed by the assessee are held to be bogus, the question of taxability of any capital gains would not arise. Therefore, the second question is purely academic in view of our refusal to refer the first question. 5. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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