TMI Blog1995 (11) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... our reference applications under section 256(2) of the Income-tax Act, 1961 (for short "the Act"), seeking direction to state the cases to this court and to refer the common question of law as proposed in these applications arising out of the order dated July 8, 1993, passed in I.T.A. No. 530/Ind of 1991, I.T.A. No. 529/Ind of 1991, I.T.A. No. 528/Ind of 1991 and I.T.A. No. 192/Ind of 1991, respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer when the notice for reassessment was issued. It was, therefore, held that the order of assessment was barred by limitation. The applicant, therefore, filed appeals before the Tribunal which upheld the order of the first appellate authority. The applicant then filed the applications seeking statement of the cases and reference of the question. The applications were rejected. Hence, the Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the Commissioner of Income-tax rightly cancelled the assessment being barred by limitation which finding was endorsed by the Tribunal. At the hearing, despite our pointing out, nothing could be shown to suggest that the facts recorded by the Tribunal were incorrect much less perverse. It is, therefore, obvious that these facts do not give rise to any question of law within the meaning o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the power under section 100 of the Civil Procedure Code. " The finding of fact, not shown to be perverse or perishable, reached by the Tribunal did not give rise, as held in CIT v. Ashoka Marketing Ltd. [1976] 103 ITR 543 (SC) and CIT v. Kotrika Venkataswamy and Sons [1971] 79 ITR 499 (SC), to any question of law. In the result, we find that no question of law arises out of the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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