26. REFERENCE TO HIGH COURT. –
1[(1) The assessee or the 2[Chief Commissioner or Commissioner] may, within sixty days of the date upon which he is served with notice of an order under section 23 or section 25 3[or clause (e) of sub-section (1) of section 34], by application in the prescribed form, accompanied, where the application is made by the assessee, by 4[a fee of 5[two hundred rupees]], require the Appellate Tribunal to refer to the High Court any question of law arising out of such order and, subject to the other provisions contained in this section, the Appellate Tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the High Court.
(2) The Appellate Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the period specified in sub-section (1), allow it to be presented within a further period not exceeding thirty days.]
(3) If, on an application made under sub-section (1), the Appellate Tribunal,—
(a) refuses to state a case on the ground that no question of law arises, or
(b) rejects it on the ground that it is time-barred,
the applicant may, within ninety days from the date on which he is served with a notice of refusal or rejection, as the case may be, apply to the High Court, and the High Court may, if it is not satisfied with the correctness of the decision of the Appellate Tribunal, require the Appellate Tribunal to state the case to the High Court, and on receipt of such requisition the Appellate Tribunal shall state the case:
Provided that, if in any case where the Appellate Tribunal has been required by an assessee to state a case the Appellate Tribunal refuses to do so on the ground that no question of law arises, the assessee may, within thirty days from the date on which he receives notice of refusal to state the case, withdraw his application, and if he does so, the fee paid by him under sub-section (1) shall be refunded to him.
6[(3A) If, on an application made under this section, the Appellate Tribunal is of the opinion that on account of a conflict in the decisions of High Courts in respect of any particular question of law, it is expedient that a reference should be made direct to the Supreme Court, the Appellate Tribunal may draw up a statement of the case and refer it through its President direct to the Supreme Court.]
(4) The statement to the High Court 7[or the Supreme court] shall set forth the facts, the determination of the Appellate Tribunal and the question of law which arises out of this case.
(5) If the High Court 8[or the Supreme Court] is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised thereby, it may require the Appellate Tribunal to make such modification therein as it may direct.
(6) The High Court 8[or the Supreme Court], upon hearing any such case, shall decide the question of law raised therein, and in doing so, may, if it thinks fit, alter the form of the question of law and shall deliver judgment thereon containing the grounds on which such decision is founded and shall send a copy of the judgment under the seal of the Court and the signature of the Registrar to the Appellate Tribunal and the Appellate Tribunal shall pass such orders as are necessary to dispose of the case conformably to such judgment.
9[(7) The costs of any reference to the High Court or the Supreme Court which shall not include the fee for making the reference shall be in the discretion of the Court.]
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Finding of the Dy. Commissioner (Appeals) that, because the difference between the market value and the actual consideration for sale of land was less than 15 per cent, that the land in question was not situated on the main road and that the transferee was not a relation of the vendor, transaction cannot be treated as deemed gift, it would not call for interference by High Court under section 26; (1992) 198 ITR 581 (DB) (All).
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1. Subs. by Act 53 of 1962, sec. 21(i) (w.e.f. 1-4-1963).
2. Subs. by Act 4 of 1988, sec. 161, for “Commissioner” (w.e.f. 1-4-1988).
3. Ins. by Act 49 of 1991, sec. 88 (w.e.f. 27-9-1991).
4. The words “a fee of one hundred and twenty-five rupees” subs. by Act 42 of 1970, sec. 69, for” a fee of one hundred rupees” (w.e.f. 1-4-1971).
5. Subs. by Act 16 of 1981, sec. 34 for “one hundred and twenty-five rupees”(w.e.f. 1-6-1981).
6. Ins. by Act 53 of 1962, sec. 21 (ii). (w.e.f. 1-4-1963).
7. Ins. by Act 53 of 1962, sec. 21 (iii) (w.e.f. 1-4-1963).
8. Ins. by Act 53 of 1962, sec. 21 (iii) (w.e.f. 1-4-1963).
9. Subs. by Act 53 of 1962, sec. 27 (iv) (w.e.f. 1-4-1963).
