1995 (11) TMI 74

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....rein. The questions of law are as under : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the Commissioner of Income-tax (Appeals) was right in directing to make de novo assessment and to examine afresh the claim of the assessee ? (2) Whether when the validity of the transfer is being disputed before the Supreme Court by the Department, the Tribunal is justified in upholding the Commissioner of Income-tax (Appeals) directions that substantive assessment be made in the hands of the transferee-assessee ? " Identical factual matrix in each application is in a narrow compass. The assessee is a public charitable trust. By a deed of trust dated December 18, 1973, the Prin....

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....or the applicant/Revenue, and Shri J. W. Mahajan, learned counsel for the non-applicant/assessee, in all these nine cases. The only question for consideration is whether any reference can be claimed on the ground of pendency of a case in the Supreme Court. It is contended that the order passed in the case of Princess Usha Trust on March 19, 1983 ( [1983] 144 ITR 808), which is the linchpin of the decision rendered by the Tribunal for the aforesaid assessment years, is under challenge before the apex court and as such the questions are required to be referred. Shri Mahajan contended that the aforesaid ground seeking reference is not proper as appeal to the apex court would not give any rise to the ground for seeking the reference. Reli....

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....question arises in this case. In the circumstances, the petitions fail and are accordingly rejected. " It is noticed that the aforesaid decision supports the contention of the non-applicant. Nothing substantial is urged to persuade us to take a different view in the matter. Faced with the fate of these reference applications in the light of the aforesaid decision in the case of CWT v. Smt. Usha Devi [1990] 183 ITR 75 (MP), counsel for the applicant, in the interest of the Revenue, submitted that liberty be granted to the Tribunal to invoke section 254(2) of the Act in case the aforesaid decision Princess Usha Trust v. CIT [1983] 144 ITR 808 (MP), the basis of the decision of the Tribunal in all these cases, is reversed by the Supreme ....