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Petitioner: COMMISSIONER OF INCOME-TAX VS Respondent: MAHENDRA KUMAR BANSAL
Court Name: Allahabad High Court Judge(s): R. K. Gulati, Om Parkash Title: COMMISSIONER OF INCOME-TAX vs MAHENDRA KUMAR BANSAL Case No.: Income-tax Applications Nos. 286 to 288 of 1991, Date of Judgment:1992-08-12 Reported As: 1993 PTD 1404 Result: Applications allowed
JUDGMENT
JUDGMENT ' These are three applications made by the Revenue under section 256(2) of the Income Tax Act, 1961, requiring us to direct the Income-tax Appellate Tribunal to draw up a statement of the case in all the matters and refer the following common questions to this Court for its opinion: "(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal, is correct in law in setting aside the order of the Commissioner of Income-tax passed under section 263 holding that it was based on mere suspicion and surmises? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is legally correct in holding that the order of the Income-tax Officer was not erroneous and prejudicial to the interests of the Revenue? (3) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is legally correct in drawing a conclusion that the Commissioner of Income-tax has failed to establish nexus between the stock found at the time of search and the assessment under appeal?" ' Inasmuch as, in our opinion, all the aforesaid questions are mixed questions of law and fact, we direct the Income-tax Appellate Tribunal, Delhi Bench 'B', New Delhi, to draw up a statement of the case for each assessm ent year and refer the aforementioned questions to this Court for its opinion. ' The applications are allowed. There shall be no order as to costs.
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