PREMIER BREWERIES LTD. vs COMMISSIONER OF INCOME TAX

Whether the High Court could reframe questions after arguments without opportunity to the assessee in a reference under Section 256(2) of the Income Tax Act, 1961 --- Held No, but error was of form not substance. Whether the High Court could set aside the Tribunal's order in reference jurisdiction --- Held No, as reference jurisdiction is advisory, not appellate. Whether the High Court correctly exercised jurisdiction by re-examining evidence to determine if Tribunal's conclusions were correct --- Held Yes, as it drew legal inferences from primary facts without disturbing factual findings, which is permissible.

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