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Commissioner of Income-tax Vs. Smt. Hero Devi Tandon - Court Judgment

SooperKanoon Citation

Subject

Direct Taxation

Court

Allahabad High Court

Decided On

Case Number

Income-tax Application Nos. 184, 185, 186, 187, 188 and 189 of 1990

Judge

Reported in

[1991]192ITR39(All)

Acts

Income Tax Act, 1961 - Sections 256, 256(1) and 256(2)

Appellant

Commissioner of Income-tax

Respondent

Smt. Hero Devi Tandon

Excerpt:


- b.p. jeevan reddy, c.j.1. it is not disputed by counsel for the revenue that the facts stated in para 2 of the tribunal's order under section 256(1) represent the correct state of facts. if that is so, these applications must be dismissed.2. identical issues have been adjudicated earlier by the tribunal and the applications under sections 256(1) and 256(2) have been dismissed. may be that the revenue is approaching the supreme court against this court's order under section 256(2) but that cannot be a reason for directing reference of the question which stands concluded by the earlier decision of this court.3. the applications are dismissed.

Judgment:


B.P. Jeevan Reddy, C.J.

1. It is not disputed by counsel for the Revenue that the facts stated in para 2 of the Tribunal's order under Section 256(1) represent the correct state of facts. If that is so, these applications must be dismissed.

2. Identical issues have been adjudicated earlier by the Tribunal and the applications under Sections 256(1) and 256(2) have been dismissed. May be that the Revenue is approaching the Supreme Court against this Court's order under Section 256(2) but that cannot be a reason for directing reference of the question which stands concluded by the earlier decision of this court.

3. The applications are dismissed.


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