BASDEO AGARWALLA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) In this reference, the question referred under Section 256(2) of the I.T. Act, 1961, was as follows :

(2.) A preliminary objection was taken on behalf of the revenue to the effect that this question which was reframed and made absolute at the time of the hearing of the rule should not be answered inasmuch as the assessee never called upon the Tribunal to refer this question and the same did not arise out of the order of the Tribunal.

(3.) The questions which according to the assessee arose but of the order of the Tribunal and which the assessee wanted to be referred to the High Court under Section 256(1) of the Act were as follows :