Susanta Chatterji, J. - (1.) The present writ petition has been filed by the petitioner-company being an income-tax assessee for the issuance of a writ of mandamus commanding respondent No. 1, Income-tax Appellate Tribunal 'C' Bench. Calcutta, to cancel and/or rescind the order dated October 31, 1989, and all proceedings relating thereto and to draw up a statement of the case and refer it through its president direct to the Hon'ble Supreme Court of India for the assessment years 1981-82, 1982-83 and 1983-84 as provided under Section 257 of the Income-tax Act, 1961, and other consequential reliefs on the ground that, according, to the terms of Section 257 of the Income-tax Act, respondent No. 1, the Tribunal was bound to draw up a statement of the case and refer it through its president direct to the Hon'ble Supreme Court inasmuch there is a conflict in the decisions of the two High Courts in respect of the particular question of law involved in the present case,
(2.) Having heard counsel for the petitioner and the income-tax authorities at length, it appears that being aggrieved by the order of the Commissioner of Income-tax (Appeals), the petitioner preferred an appeal before the Income-tax Appellate Tribunal and the matter came to a Division Bench of this court in a reference for the earlier year and the reference case was disposed of answering the point against the assessee, A prayer for leave to appeal to the Supreme Court was sought for and the same was also refused. Being aggrieved, the petitioner had gone to the Hon'ble Supreme Court by filing a special leave petition and the same is still now pending. It appears from the impugned order being annexure "C" to the petition that the Income-tax Appellate Tribunal recorded that learned counsel for the assessee conceded that the appeals were filed to keep the matters alive and it has been sought to be explained before this court that, in spite of the decision in the special leave petition, the decision of the Tribunal for the assessment for the subsequent years would be final and unless a fresh reference is made by the Tribunal under Section 257 of the Income-tax Act, the petitioner will suffer irreparable loss and injury.
(3.) It is also contended that, while the Hon'ble Supreme Court is in seisin of the matter, there is no bar for the Tribunal to refer the dispute to the Hon'ble Supreme Court by invoking the provisions of Section 257 of the Income-tax Act which indicate, inter alia, that if, on an application made under Section 256, the Appellate Tribunal is of the opinion that, on account of a conflict in the decisions of High Courts in respect of any particular question of law, it is expedient that a reference should be made direct to the Supreme Court, the Appellate Tribunal may draw up a statement of the case and refer it through its president direct to the Supreme Court.;