ORDER
A. R. TIWARI, J. :
The CIT, Bhopal has filed this application under s. 256(2) of the IT Act, 1961 (for short the Act) seeking direction to the Tribunal, Indore, to state the case and refer the undernoted question of law as proposed, arising out of the order dt. 12th July, 1991 passed in ITA No. 99/Ind/90, for our opinion :
“Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the amended provisions of s. 43B were applicable to asst. yr. 1985-86 when the said amendment was effective from 1st April, 1988 ?”
2. The Non-applicant-assessee derived income from adat in oil-seeds etc., as also from the business on own account. It filed the return. In response to the notice under s. 143(2) of the IT Act, the assessee produced the account books and filed the details and submitted explanations. The order of assessment for the asst. yr. 1985-86 was passed under s. 143(3) /143(2)(a). The assessee filed the appeal No. IT-218/88-89/383 before the CIT(A). The appeal was allowed in part. The assessee then filed second appeal against the part of the order rejecting the contentions of the assessee. That appeal was registered as ITA No. 99/Ind/90. The appeal was dismissed on 12th July, 1991. Aggrieved, the applicant filed an application under s. 256(1) of the Act which was registered as RA No. 354/Ind/1991. That application was rejected on 15th July, 1992. Thereafter, the applicant has filed this application under s. 256(2) of the Act.
3. We have heard Shri D. D. Vyas, learned counsel for the applicant.
4. The Tribunal rejected the application under s. 256(1) of the Act on the conclusion that the question is not referable question of law for the reasons stated in its order dt. 17th Feb., 1992 in RA No. 157/Ind/91 arising out of ITA No. 1151/Ind/88 in the case of Mantri Bros. vs. ITO.
5. The Tribunal found that the provision of s. 43B was amended w.e.f. 1st April, 1988 and that the assessment year in question was 1985-86. The Tribunal, however, found that the amended provision was inapplicable to the asst. yr. 1985-86. The counsel for the applicant was unable to show that the amended provision was retrospective in operation. – CIT vs. Polar Fan Industries Ltd. (1992) 197 ITR 718 (Cal) and CIT vs. Chandulal Venichand (1994) 209 ITR 7 (Guj) clinch and conclude the point.
6. So far as the question of subsidy is concerned, the point stands concluded by the judgment reported in CIT vs. Bhandari Capacitors Pvt. Ltd. (1987) 168 ITR 647 (MP).
7. In view of the facts and circumstances of the case, we are not satisfied that the question as proposed is a question of law required to be answered by us.
8. In the result, we reject the application, but without any orders as to costs.