1999 (3) TMI 46

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....sioner of Income-tax against the order passed by the Income-tax 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-Pre....

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....nion of the majority, if there is a majority, but if the members 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 Mem....

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.... the questions in accordance with the provisions of section 255(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 M....