1987 (10) TMI 22

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....ment of India (Taxes) takes notice on behalf of the respondents. By this writ petition, the petitioner seeks the issue of a writ of mandamus directing the first respondent, the Income-tax Appellate Tribunal, to ignore the judgment in I.T.R. No. 121 of 1981 and pass final orders in I.T.A. NO. 133 of 1978-79 under section 260(1) of the Income-tax Act in conformity with a subsequent decision of a ....

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....rence was accordingly answered in favour of the Revenue. A Full Bench of this court in Issac's case [1987] 168 ITR 793, has, however, taken the view that the Inspecting Assistant Commissioner ceased to have jurisdiction to impose penalty under section 271(1)(c) of the Income-tax Act after subsection (2) of section 274 was omitted by the Taxation Laws (Amendment) Act, 1975. Since the appeal is even....

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.... direction to the Tribunal to pass final orders in accordance with the decision of the Full Bench. Counsel relies on the decision of the Supreme Court in CIT v. Bansi Dhar & Sons [1986] 157 ITR 665, wherein it is stated at page 672. " After the High Courts and, in cases of appeals to the Supreme Court, the courts answer the question in any manner or give certain opinion, the Appellate Tribunal ....

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.... for the proposition that the. High Court should as and when it takes a different view on the question of law earlier decided on reference made to it direct the Tribunal to ignore the decision inter partes and dispose of the appeal in accordance with the later view. Counsel relies also on the following passage in Salmond on Jurisprudence, 12th edition, at section 26, page 148: . " As we have....