COMMISSIONER OF INCOME TAX Vs. B K OIL TRADERS

JUDGEMENT

(1.) THE CIT, Delhi -V, has filed this petition under S. 256(2) of the INCOME TAX ACT, 1961 (hereinafter to be referred as "the Act"), for directing the Tribunal, Delhi Bench, Delhi, to state a case and refer the following purported questions of law to this Court for its opinion :

(2.) FEELING aggrieved, the assessee filed an appeal before the CIT (A). It was held that there was not sufficient material before the IAC (Assessment) to review the above findings. The appeal was allowed. The assessment made by the IAC (Assessment) was set aside and the case was remanded to the IAC (Assessment) for making the assessment de novo after making full inquiries/investigation into the various aspects of the appellant's case.

(3.) FEELING aggrieved, the CIT made an application under S. 256(1) of the Act before the Tribunal for referring the said purported questions of law to this Court for reference. This was declined by the Tribunal on April 21, 1987. Hence, this application under S. 256(2) of the Act.