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Commissioner of Income-tax Vs. Vindeshwari Trading Corporation - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtAllahabad High Court
Decided On
Case NumberIncome-tax Application No. 1040 of 1977
Judge
Reported in(1978)7CTR(All)110; [1988]113ITR791(All)
ActsIncome Tax Act, 1961 - Sections 256(2)
AppellantCommissioner of Income-tax
RespondentVindeshwari Trading Corporation
Appellant AdvocateAshok Gupta, Adv.
Respondent AdvocateBharatji Agarwal, Adv.
Excerpt:
- - 1. having heard counsel for the parties, we are satisfied that the following questions of law do arise from out of the appellate order of the tribunal:.....that any statable question of law, on which the statement of the case can be called for from the appellate tribunal, arises. 3. shri ashok gupta, learned counsel for the commissioner of income-tax, has invited our attention to a full bench decision of the andhra pradesh high court, in the case of additional commissioner of income-tax v. visakha flour mills [1977] 108 itr 466, which, after considering one full bench decision of this court, has taken a view contrary to that taken by this court. counsel for the parties have not been able to invite our attention to any case of the supreme court, which has settled the point sought to be raised in this application. in view of the fact that there is conflict of opinion between the two high courts on the questionsought to be raised by the.....
Judgment:

H.N. Seth, J.

1. Having heard counsel for the parties, we are satisfied that the following questions of law do arise from out of the appellate order of the Tribunal:

'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that two assessments should be made separately for the two periods ; April 1, 1971, to October 31, 1971, and November 1, 1971, to March 31, 1972 ?

(2) Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in not treating the assessee-firm as reconstituted within the meaning of the clear provisions contained in Section 187(2)(a) of the Income-tax Act, 1961 ?'

2. The learned counsel for the assessee urged that in so far as the aforementioned questions of law are concerned, answer to these questions, on the findings arrived at in the present case, stands concluded by two Full Bench decisions of this court in the cases of Commissioner of Income-tax v. Kunj Behari Shyam Lal : [1977]109ITR154(All) and Dahi Laxmi Dal Factory v. Income-tax Officer : [1976]103ITR517(All) . In these circumstances, it cannot be said that any statable question of law, on which the statement of the case can be called for from the Appellate Tribunal, arises.

3. Shri Ashok Gupta, learned counsel for the Commissioner of Income-tax, has invited our attention to a Full Bench decision of the Andhra Pradesh High Court, in the case of Additional Commissioner of Income-tax v. Visakha Flour Mills [1977] 108 ITR 466, which, after considering one Full Bench decision of this court, has taken a view contrary to that taken by this court. Counsel for the parties have not been able to invite our attention to any case of the Supreme Court, which has settled the point sought to be raised in this application. In view of the fact that there is conflict of opinion between the two High Courts on the questionsought to be raised by the Commissioner of Income-tax, which does not stand concluded by any authority of the Supreme Court, it cannot be said that no statable question of law arises from out of the appellate order of the Tribunal.

4. In the result, the application is allowed with costs. The Tribunal shall state the case in respect of the aforementioned questions of law and refer the same for the opinion of this court. Counsel fee is assessed at Rs. 100.


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