1996 (3) TMI 39

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..... petitioner challenges the validity of the order of the Income-tax Appellate Tribunal, the first respondent herein dated January 17, 1996, in I. T. As. Nos. 835 and 836/Hyd of 1994. The petitioner is an income-tax assessee. His income is assessable under the head "Salary". He is also subscribing to chit funds of various companies and receiving dividends from them. On the question of computation o .....

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..... be challenged in a writ petition under article 226 of the Constitution. We are afraid we cannot accede to the contention of learned counsel, firstly, because the judgment of the jurisdictional High Court in CIT v. Kovur Textiles and Co. [1982] 136 ITR 61, was considered by the Tribunal and distinguished and secondly, because the scheme of the Income-tax Act provides a reference to this court unde .....

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..... e case and refer the question of law. For this reason, the writ petition challenging the validity of the order of the Tribunal cannot be entertained. Further, it is also submitted by learned counsel that in a case of reference, the petitioner cannot claim stay of recovery of tax from this court. In our view the reason that the petitioner can obtain interim order under article 226 of the Constituti .....

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