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Commissioner Of Income-Tax vs Hiralal Mittal

Supreme Court Of India|05 January, 2001

JUDGMENT / ORDER

1. Delay condoned.
2. Leave granted.
3. The respondent has been served but has not chosen to put in an appearance.
4. The High Court declined, by the order under challenge, to call upon the Tribunal to refer to it for consideration the following question : "(a) Whether by passing book entries showing sale of 'Malba' to Smt. Mansa Devi Mittal, the ownership of the godowns could in law be claimed to have been transferred to her ?"
5. We arc of the view that a question of law does arise and that the reference should have been called for, particularly having regard to the fact that the identical question is pending before the High Court in relation to an earlier year.
6. The order under challenge is, therefore, set aside and the Tribunal is directed to refer the question quoted above to the High Court for consideration, after drawing up a statement of case.
7. The appeal is allowed accordingly. No order as to costs.
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Title

Commissioner Of Income-Tax vs Hiralal Mittal

Court

Supreme Court Of India

JudgmentDate
05 January, 2001
Judges
  • S Bharucha
  • Y Sabharwal