JUDGMENT
1. Heard Sri Bharatji Agarwal, learned counsel appearing for the Revenue. None appears for the assessee-opposite party.
2. This is an application under Section 256(2) of the Income-tax Act, 1961.
3. Having heard the learned counsel for the Revenue and perusing the application, in the opinion of this court, the following question of law does arise out of the order passed by the Tribunal.: "Whether, on the facts and in the circumstances of the case, the assessment was made for the first time under Section 147 and the assessment so completed can be termed as regular assessment for the purpose of Sections 215, 217 and 273 of the Income-tax Act, 1961 ?"
4. Accordingly, the Income-tax Appellate Tribunal is directed to draw up a statement of the case and refer the aforesaid question of law to this court.