This appeal by special leave by the Department is against the High Courts order rejecting an application made under Section 256 2 of the Income tax Act, 1961, declining to direct the Income tax Appellate Tribunal to state the case and refer to it for decision the questions of law said to arise out of the Tribunals order, which are the following, namely Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income tax Officer was number justified in invoking the provisions of Section 52 2 of the Income tax Act, 1961?
200 per share was declared on these shares during the next year, i.e., for the year ending after the date the shares were sold to M s. Maharashtra Commodities Trading Co. P. Ltd., it cannot be said that this fact was sufficient in itself to invoke the provisions of Section 52 2 of the Act without giving a finding that the assessee has understated the companysideration and that the assessee has actually received more than what is stated in the document.
