1983 (9) TMI 131

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..... umstances of the case, the Tribunal was justified in law in holding that the provisions of section 41 (1) were not attracted?" Since, in our opinion, no question of law arises we decline to State of case. We record our reasons below for the same. 2. The assessee had received a refund of Rs. 21, 360 on account of market fees on27th August 1979and having returned a sum of Rs. 4,450 to various co .....

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..... hat the department was not entitled to tax this amount u/s 41(1) till the assessee succeeds in successfully challenging the Ordinance or validity of the Act in courts. 4. The question now is whether a question of law arises? The Punjab Haryana High Court has held in the case of CIT vs. Punjab Oil Mills 1975 CTR (P H) 97 : (1976) 102 ITR 332 (P H) that where the Supreme Court had invalidated th .....

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