9911796707
TMI Blog1972 (7) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... by ALLADI KUPPUSWAMI J.-Certain questions were referred for decision under section 26(2) of the Gift-tax Act by the Tribunal under the directions of the High Court. Sri Mangachari who appears for the assessee, stated that the assessee is not interested in pursuing the matter and wouid like to withdraw the reference. It is now settled by a number of decisions that this court may decide not to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quest for withdrawal drew our attention to the decision of the Calcutta High Court in Karnani Industrial Bank Ltd. v. Commissioner of Income-tax. In that case the advocate for the assessee requested that he may be allowed to withdraw the application for the reference. It was, however, found that the question for consideration had been finally determined against the contention of the assessee by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . When an assessee makes a request to withdraw from the reference or says he is not interested in pursuing the matter, it is left to this court, having regard to the circumstances of the case, either to accede to his request and decide not to answer the reference or to proceed to answer the reference in spite of such a request. The Calcutta High Court in the above case decided to answer the refere ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
