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1998 PTD 507

COMMISSIONER OF INCOME-TAX vs AJAY ICE AND COLD STORAGE

Citation1998 PTD 507
CourtAllahabad High Court
Case No.Income-tax Application No,152 of 1995
Date1996-02-19
Judge(s)Markandey Katju, Om Prakash
ResultApplication allowed

1. ' This is a an application under section 256(2) of the Income Tax Act, 1961, filed by the Revenue requiring us to direct the Income-tax Appellate Tribunal to refer the following question to this Court for its opinion: "Whether the Tribunal was correct in law in entertaining the rectification application on the ground that there was a mistake apparent from record in their earlier order, dated January 22, 1993, irrespective of the fact that it was a review application and the Tribunal has exceeded its jurisdiction within the meaning of section 254(2) of the Income Tax Act, 1961?"

2. ' Inasmuch as the abovementioned question is a question of law in our opinion, we direct the Appellate Tribunal to refer the same to draw up a statement of the case and refer the same to this Court for its opinion.

3. ' The application is allowed.

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