1988 (12) TMI 19

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... this reference. They read thus : "(1) Whether section 140A(3) of the Income-tax Act, 1961, is confiscatory and violative of article 19(1)(f) of the Constitution of India as held by the Madras High Court in the case of A. M. Sali Maricar v. ITO [1973] 90 ITR 116 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in relying upon the said decision of the M .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ference arises, there was no decision of any other High Court on the question of the validity of section 140A(3) of the Income-tax Act, 1961 Accordingly, the Tribunal was justified in following the Madras High Court's judgment in A. M. Sali Maricar's case [1973] 90 ITR 116. The Tribunal did not decide the vires of section 140A(3) in the judgment out of which this reference arises, and it could no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X