9911796707
TMI Blog1983 (6) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... being conducted and finalised by the Tribunal, we thought it fit to hear them. Hence the present proceedings. The parties have been heard. 3. A number of parties including the assessee had moved the Hon'ble Supreme Court of India (original jurisdiction) by filling writ petitions and civil miscellaneous petitions. In the Judgment of the Hon'ble Supreme Court on these petitions, the Income-tax Appellate Tribunal, Chandigarh, Sector 2, Kothi No.41, Chandigarh was shown as respondent No. 3. The Hon'ble Court in its order dt.5th December 1980 issued the following directions in so far as the Tribunal is concerned. (i) that the operation of s. 17 of Finance (No. 2) Act, 1980 in so far as the same purports to amend s. 80J of the IT Act with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gly. The revenue has opposed this miscellaneous petition with the submission that the appeals may not be heard at all till the final decision of the Supreme Court on the writ petitions mentioned supra. 5. After hearing both the sides, we are of the considered opinion that there is no reason for us to block these appeals any further. The revenue relied on the judgement of the Supreme Court in the case of CIT vs. Straw Products Ltd. (1966) 60 ITR 156 (SC) to support its prayer that appeals be blocked till the disposal of the writ petitions finally by the Hon'ble Supreme Court. Reliance was also placed on the judgment of the Gujarat High Court in the case of CIT vs. Surendra Gulabchand Modi (1983) 140 ITR 517 (Guj) for the proposition that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of these appeals. But Hon'ble Supreme Court has certainly prohibited the Tribunal from disposing of these appeals only on the issue of s. 80J, except in the manner directed. Therefore, so far as s. 80J, is concerned, the only prohibition on the Tribunal is that it is restrained, while deciding the appeals for the asst. yrs. 1975-76, 1976-77 and 1977-78, from acting in pursuance to or from giving effect to the provisions of s. 17 of the Finance (No. 2) Act, 1980, in so far as the same purports to amend s. 80J, of the IT Act 1961 with retrospective effect from 1st April, 1972. 7. We are hence unable to appreciate the agitation of behalf of the revenue and find no support from the authorities cited for the revenue because the issue before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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