1981 (3) TMI 21

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.... expenses ? That is the real question which arises in the course of this reference wherein the question referred to us for opinion has been framed by the Income-tax Appellate Tribunal, Ahmedabad Bench 'C', as per reference made on April 27, 1976, as under: " Whether, on the facts and in the circumstances of the case, the Tribunal rightly vacated the protective assessment framed by the Income-tax Officer ? " The decision of the appeal pending before the Income-tax Appellate Tribunal, Ahmedabad Bench 'C', in respect of the assessee concerned, namely, Surendra Gulabchand Modi, for the assessment year 1958-59, depended on the question as to whether or not, the family of Bapalal Parshottamdas, which was once an HUF came to be disrupted in ....

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....t the matter was very old and that inasmuch as the decision was being rendered in favour of the assessee, no hardship was likely to be caused. The request of the assessee was under the circumstances turned down. The appeal was consequently allowed and the protective, assessment was set aside. Now, when the validity of the alleged partition was the very question which was pending before the Supreme Court, the outcome of the appeal before the Tribunal depended upon the ultimate decision of the Supreme Court. The request of the assessee to block the matter by adjourning it till the appeal in question, namely, Civil Appeal No. 156 (N.T.) of 1971 (sic) pending in the Supreme Court was finally disposed of, was a legitimate request. If this pra....

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.... continued to remain old even if the parties were obliged to carry the matter initially to the High Court and, subsequently, to the Supreme Court, and the matter would have remained old and undisposed of till the Supreme Court finally decided the crucial question on the decision whereof one way or the other, the matter turned on merits. Accordingly, the only question referred to us is answered as under : ------------------------------------------------------------------                    Question                         &nbs....