2009 (3) TMI 68

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..... llant-revenue has proposed the following two questions: "Whether, the Appellate Tribunal is right in law and on facts in coming to the conclusion that share income from the firm of the 2 smaller HUFs cannot be clubbed in the hands of the bigger HUF?" "Whether, the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to exclude the income of other HUFs being stated c .....

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..... erein detailed reasons are assigned by the Tribunal for dismissing the departmental appeal. The said order of Tribunal was challenged by way of Reference Application under Section 256(1) of the Income-tax Act, 1961 (the Act) and thereafter by way of Income Tax Application Nos.1 and 2 of 1988 before this High Court under Section 256(2) of the Act. The High Court has rejected the applications of rev .....

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..... bunal, the earlier orders of High Court in Income-tax Application Nos.1 and 2 of 1988 are required to be followed and applied. If no referable question of law was found by the High Court under Section 256(2) of the Act, it is not possible to state that any substantial question of law arises so as to admit the appeal. Accordingly, the appeal is dismissed.
Case laws, Decisions, Judgements, Orde .....

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