1991 (3) TMI 120

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....ating to the assessee's assessment for the assessment year 1973-74, the Income-tax Appellate Tribunal has referred to this court the following question of law under section 256(1) of the Income-tax Act, 1961, for opinion : "Whether, on the facts and in the circumstances of the case, the assessee, for the accounting period relevant to the assessment year 1973-74, was entitled to depreciation allow....

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....ome-tax Act, 1961, with retrospective effect. In our judgment, however, that question had come before the Supreme Court in reference proceedings arising out of the orders of the income-tax authorities and that of the Income-tax Appellate Tribunal. The income-tax authorities and the Income-tax Appellate Tribunal could not certainly consider the vires of the provisions of the Act. The Tribunal could....