1991 (4) TMI 97

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..... KIRPAL J. -The challenge in this writ petition is essentially to the vires of section 115J of the Income-tax Act. Before dealing with the contentions raised, we would like to express our astonishment at the fact that it is a Government corporation which is seeking to challenge the validity of an Act passed at the instance of the Government. Be that as it may, it has been contended that section 1....

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....herefore, the provision of article 14, in any case, does not come into play in the present circumstances. It was then contended that the petitioner has to maintain its accounts according to the provisions of the Electricity Act and it is not possible for it to comply with the provisions of section 115J. We do not agree with this. Section 115J, as it stood in the year 1987-88, which is the only ....

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....he petitioner that this provision is violative of articles 14 and 19 of the Constitution. With regard to the interpretation of section 115J and the manner of its application to the petitioner, we do not propose to go into this aspect because the petitioner has an alternative remedy open to it by way of an appeal, reference, etc. It is submitted that the Central Board of Direct Taxes has taken a....