1970 (3) TMI 4

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....e department is seeking for the issuance of a writ of certiorari against the Income-tax Appellate Tribunal which by its order dated January 17, 1966, granted a stay of the collection of the gift-tax payable by the first respondent pursuant to the orders of the assessing authority, pending disposal of the appeal. The main point raised before us is that the Income-tax Appellate Tribunal had no juris....

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.... is not in dispute that the text of section 23(5) of the Gift-tax Act, 1968, is in pari materia with that of section 254(1) of the Income-tax Act. Having regard to the ratio in Income-tax Officer v. M. K. Mohammed Kunhi, we are of the view that the Income-tax Appellate Tribunal, exercising jurisdiction under the Gift-tax Act, 1958, also possesses such wide powers and, notwithstanding the text of s....