COMMISSIONER OF INCOME TAX Vs. NANDALAL PARSHURAM

JUDGEMENT

(1.) THIS is an application under S. 256(2) of the INCOME TAX ACT, 1961, against the order dt. 7th Feb., 1991, passed by the Tribunal, Gauhati Bench, Gauhati, in R. A. No. 63(G) of 1990 for the asst. year 1984 - 85 rejecting the reference application under S. 256(1) filed by the Revenue. The Revenue seeks to refer to this Court for its opinion the following questions stated to be questions of law :

(2.) WE have heard Mr. D. K. Talukdar, learned standing counsel for the Revenue, and also Mr. G. N. Sahewalla, learned counsel for the assessee.

(3.) ON a perusal of the aforesaid orders and the questions of law we find that the questions as framed by the Revenue are questions of law which could be referred to this Court for its opinion. However, in the facts and circumstances of this case, we feel that the 2 (two) questions of law aforesaid sought to be referred to this Court could be clubbed into one which we hereunder do :