1990 (2) TMI 2

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....a, Senior Advocate (B.B. Ahuja and Miss A. Subhashini, Advocates, with him), for the respondents.   T.A. Ramachandran, Senior Advocate (Mrs. Janaki Ramachandran, Advocate, with him), for the appellants. JUDGMENT The judgment of the court was delivered by VENKATACHALIAH J. -These four petitions for grant of special leave arise out of the orders of the High Court of Judicature at Ma....

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....ferred by the Revenue before it, allowed the appeals and reversed the view to the contrary taken in favour of the assessees by the first appellate authority. The Tribunal also declined to state a case and refer a question of law under section 256(1) of the Act to the High Court ; whereupon the assessees moved the aforesaid tax case petitions before the High Court under section 256(2). The High Cou....

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..... The pronouncement of this court in the said Keshavji Ravji and Co.'s case [1990] 183 ITR 1 covers the point raised in these special leave petitions. However, as the present special leave petitions arise out of the orders of the High Court rejecting the tax case petitions under section 256(2) of the Act, we should, in the normal course, grant special leave, register the corresponding civil app....

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....llate Tribunal, Madras, and after granting special leave, set aside that part of the appellate orders as pertain to the extent of disallowance of the interest under section 40(b) of the Act and direct the Tribunal to dispose of the appeals on the point afresh in the light of the aforesaid pronouncement of this court. These petitions are, therefore, treated as directed against the main appellate....