9911796707
TMI Blog1999 (3) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... x Appellate Tribunal on the stay application submitted by the first respondent. Two applications for stay of the demand of Rs. 1,86,32,311 and Rs. 15,22,95,395 were moved along with the appeals by the assessee. The appeals are still pending. The assessee was heard on the stay application. The Bench was consisting of the learned Vice-President and the learned Judicial Member. The petitioner is aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs are equally divided they shall state the point or points on which they differ and the case shall be referred by the President of the Appellate Tribunal for hearing on such point or points by one or more of the other members of the Appellate Tribunal and such point or points shall be according to the opinion of the majority of the Members of the Appellate Tribunal who have heard the case includi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5(4). It is the duty of the Members of the Bench who have heard the stay application to frame the point or points on which they differ and refer the case to the President of the Tribunal for hearing on such point or points by one or more of the other Members. The President of the Tribunal has the power to constitute the Bench of Third Member-or of more than one. If such a Bench is constituted ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollow the procedure laid down under section 255(4) of the Income-tax Act. Much has been said about the procedure followed by the Vice-President. At this stage, even on that I am not inclined to comment as the matter is yet to be heard by the Third Member because of the apparent difference of opinion. The petition stands disposed of with the above observations. - - TaxTMI - TMITax - Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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