Income-tax Act, 1961 · Chapter XX: Appeals and Revision · C.—Reference to High Court
Section 257: Statement of case to Supreme Court in certain cases
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.
In plain words
Under the old reference procedure, if High Courts had given conflicting decisions on a question of law, the Appellate Tribunal could refer the question directly to the Supreme Court.
- This applied to applications against Tribunal orders passed before 1st October 1998.
- The reference was made through the President of the Tribunal.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
If, on [an application made against an order made under section 254 before the 1st day of October, 1998, under section 256] 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.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 257
- Madras Bar Association v. Union of India and Another
- Suwalal Anandilal Jain v. Commissioner of Income Tax, Bihar, Ranchi
- The Commissioner of Income Tax Central-I, Bombay v. Messrs Empire Estate, Bombay
- Associated Power Co. Ltd. v. Commissioner of Income Tax
- Vazir Sultan Tobacco Co. Ltd. Etc. Etc. v. Commissioner of Income-Tax Andhra Pradesh, Hyderabad
- Jamnaprasad Kanhaiyalal v. Commissioner of Income-Tax, M.P., Bhopal
- Commissioner of Income Tax, New Delhi v. Federation of Indian Chambers of Commerce & Industries, New Delhi
- Additional Commissioner of Income-Tax Gujarat, Ahmedabad v. Surat Art Silk Cloth Manufacturers Association, Surat
- Indian and Eastern Newspaper Society, New Delhi v. Commissioner of Income Tax, New Delhi
- Brij Mohan v. Commissioner of Income Tax, New Delhi
- Commissioner of Income Tax, West Bengal Iii, Calcutta v. Rajendra Prasad Moody, Calcutta Etc.