1988 (12) TMI 19

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....questions are raised by the Revenue in this reference. They read thus : "(1) Whether section 140A(3) of the Income-tax Act, 1961, is confiscatory and violative of article 19(1)(f) of the Constitution of India as held by the Madras High Court in the case of A. M. Sali Maricar v. ITO [1973] 90 ITR 116 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified ....

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.... delivered the judgment out of which this reference arises, there was no decision of any other High Court on the question of the validity of section 140A(3) of the Income-tax Act, 1961 Accordingly, the Tribunal was justified in following the Madras High Court's judgment in A. M. Sali Maricar's case [1973] 90 ITR 116. The Tribunal did not decide the vires of section 140A(3) in the judgment out o....