1980 (3) TMI 131

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..... facts briefly stated and material for the purposes of the present appeal are that the assessee's interest in the partnership firm M/s Steelsworth (Stores), which firm owns some immovable property, was not given exemption by the WTO, at the assessment stage, as having been claimed by the assessee in terms of s. 5(1)(iv) of the WT Act, 1957. The WTO reasoned that the claim was not tenable as the pro .....

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..... uhati Bench, Gauhati made in WTA Nos. 351 (Gau) to 357 (Gau) of 1975-1976, relating to the asst. yrs. 1970-71 to 1972-73 in the case of Lachmi Devi Chowkhani & Ors. 5. On his part, ld. Deptl. Rep. has supported the orders of the lower authorities and has relied upon the orders of the Hon'ble Gauhati High Court made on 12th December., 1979 in Civil Rule Nos. 40(M) and 41(M) of 1979 and Civil Rule .....

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..... peals in favour of the assessee. 6. Judicial propriety and discipline requires that the Tribunal should be consistent in its approach to problems when the Tribunal is faced with similar facts and their Lordships of the Madras High Court in the caste of CIT Central vs. L.C. Ramamurthi & Ors., reported in (1977) 110 ITR 453 (Mad), have held that no Tribunal of fact has any right or jurisdiction to .....

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