TMI Blog1983 (2) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 1959-60, an application seeking a reference to the High Court could be made by the Addl. Commissioner of Income-tax?" The reference here was sought under s. 256(1) of the I.T. Act, 1961 (hereinafter referred to as " the 1961 Act "). The preliminary objection raised before the Income-tax Appellate Tribunal and sustained by it was that the application in the instant case lay under s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as that even in matters pertaining to pre-1961 assessments the procedure was to be governed by the 1961 Act, while the substantive law to be applied was that as contained in the 1922 Act. There is a clear fallacy in the contention raised. Section 297(2)(c) of the 1961 Act clearly lays down that proceedings pending at the time of the commencement of the Act shall be continued and disposed of as i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive provisions of law that the 1922 Act would continue to apply. The authorities cited do not warrant any such interpretation. National Agricultural Co-operative Marketing Federation's case [1972] 84 ITR 376 (Delhi) dealt with only the provisions of the 1961 Act, whereas in Sterling Construction and Trading Co.'s case [1976] 102 ITR 47 (Kar), the case related to the return for the period subsequen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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