The Supreme Court answered questions referred under Section 256 of the Income Tax Act in favour of the assessee against the Department, construing the matter in alignment with its previous order dated 10.12.2013 in R.C.No.172 of 1996.
Questions referred are answered in favour of the assessee and against the Department.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM R.C.No.134 of 2000
JUDGMENT: (Per LNR,J)
This reference case arises under Section 256 of the Income Tax Act out of reference made to this Court by the Income Tax Appellate Tribunal, Hyderabad Bench in R.A.No.22/Hyd/93.
Learned senior Standing Counsel for the Income Tax Department submits that identical issue was decided by this Court in R.C.No.172 of 1996 through order, dated 10.12.2013 and that the questions therein have been answered in favour of the assessee and against the Department.
Following the same, we answer the questions referred to this Court, in favour of the assessee and against the Department. Registry shall enclose a copy of the order, dated 10.12.2013 in R.C.No.172 of 1996 to this.
____________________ L.NARASIMHA REDDY, J
CHALLA KODANDA RAM, J
Date: 24.06.2014 JSU
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM
R.C.No.134 of 2000
Date: 24.06.2014
JSU
2 issues framed by the court
Whether to follow the decision in R.C.No.172 of 1996 in determining the issues referred under Section 256
What is the appropriate direction in the reference case arising in R.A.No.22/Hyd/93
1 provisions across 1 enactments
Income Tax Appellate Tribunal, Hyderabad Bench
Income Tax Department
L.NARASIMHA REDDY
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
