TMI Blog2008 (12) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... e the delay - Under Section 35H, on an application for reference, the High Court exercises its advisory jurisdiction in a case where it is of the opinion that the substantial question of law of public importance arises - matter referred to a larger Bench - 14467/2007 - - - Dated:- 4-12-2008 - CORAM : HON'BLE MR. JUSTICE S.H. KAPADIA HON'BLE MR. JUSTICE AFTAB ALAM For Petitioner(s) M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue contended that in this case there was a delay in making the Reference Application under Section 35H(1) of the 1944 Act. He further contended that under Section 35H, since the Reference Application lay to the High Court, the said Court had inherent jurisdiction to condone the delay and the analogy drawn by the impugned judgment to Section 35, which refers to the power of the Commissione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, it has been held that vested rights accrue in favour of the assessee and, consequently, a strict view of the period of limitation prescribed under the 1944 Act should be applied. Consequently, it has been held that the High Court had no authority to condone the delay in the filing of the Reference Application under Section 35H(1) of the 1944 Act. With respect, we have doubts about the correct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opinion that the substantial question of law of public importance arises. Therefore, in such a case, there is no question of a vested right accruing in favour of either parties. For the afore-stated reasons, we direct the Office to keep this matter before the Hon'ble the Chief Justice for appropriate directions referring this matter to a larger Bench of this Court. (N. ANNAPURNA) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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