1993 (2) TMI 72

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..... erred the following questions of law for the decision of this court : "1. Whether, on the facts and in the circumstances of the case, the remand of the case to the Appellate Assistant Commissioner is justified? 2. On the facts and in the circumstances of the case, the order of the Tribunal is vitiated for non-exercise of the jurisdiction and authority vested in it in accordance with law ?" T .....

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..... form. The Tribunal found that the amended section 80J will support the Revenue. But it was noticed that the amendment was the subject of challenge in a proceeding in the Supreme Court and that was pending. The Calcutta and Madras High Courts and a Special Bench of the Tribunal at Bombay have taken a view in favour of the assessee. Placed in such circumstances, the Appellate Tribunal set aside the .....

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..... decision of this court. It is in pursuance thereof that the two questions of law mentioned hereinabove have been referred by the Income-tax Appellate Tribunal for the decision of this court. We heard counsel for the Revenue and also counsel for the respondent assessee, Mr. Dandapani. Counsel for the Revenue submitted that the Appellate Tribunal was in error in ordering a remit. It was further su .....

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..... Appellate Tribunal, section 80J of the Act has been amended, according to the Tribunal, in support of the view taken by the Revenue. The Tribunal was duty bound to give effect to the law as amended. By failing to do it, it abdicated its duty. The fact that a writ petition was filed in the Supreme Court challenging the validity of the amendment was of no consequence or relevance. The Appellate Tri .....

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..... te Tribunal dated October 15, 1980, is infirm. We answer question No. 1 in the negative, i.e., against the assessee and in favour of the Revenue. We answer question No. 2 in the affirmative, i.e., in favour of the Revenue and against the assessee. The references are disposed of as above. A copy of this judgment under the seal of the court and the signature of the Registrar shall be forwarded .....

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