1982 (9) TMI 95

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....Appeals) relating to the assessment year 1978-79, the previous year of which ended on 31-3-1978. 2. The only ground taken in this appeal states that the Commissioner (Appeals) erred in setting aside the ITO's order granting relief under section 80J of the Income-tax Act, 1961 ('the Act') and directing the ITO to recompute the relief in the light of the Supreme Court decision to be delivered in fu....

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....ith the final decision of the Supreme Court. The Commissioner (Appeals) agreed with the contention of the assessee and set aside the decision of the ITO on the point with a direction to compute the relief under section 80J in accordance with the final decision of the Supreme Court, which was expected very shortly. 5. Shri D.R. Chawla, the learned representative for the department, urged that the ....

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....f the retrospective amendment is under the consideration of the Supreme Court, it cannot be said that the said law has become settled as yet. We, therefore, do not see anything improper or irregular in the order of the Commissioner (Appeals). In the recent judgment dated 9-9-1981 in the case of Shoorji Vallabhdas (P.) Ltd. [IT Reference No. 67 of 1972], the Bombay High Court has repelled an argume....