TMI Blog2009 (2) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... s open to the subsequent coordinate bench, would be to make a Reference to the President of the Tribunal as as per S. 255(3) of IT Act, 1961 to constitute a Special Bench to resolve the controversy - 170, 171, 173 of 2003 - - - Dated:- 16-2-2009 - D. A. MEHTA and S. R. BRAHMBHATT, JJ. Mr. J.P. Shah with Mr. Manish J. Shah for the Appellant Mr. Manish R. Bhatt, Sr. standing counsel with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are taken up for hearing and disposal for together as they arise out of common order of the Tribunal dated 19.02.2003. 3. Heard learned counsel appearing for the respective parties. In relation to question No.1, it is common ground between the parties that the controversy now stands answered by judgment rendered today in case of The Assistant Commissioner of Income Tax v. Amazon Investments Lt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the cases Nos.3704/Ahd/97 and others dated 17.8.99 decided by the Tribunal are absolutely identical." Thereafter, the Tribunal has gone on to take a different view in relation to the present four cases for various reasons stated in the impugned order. 6. The law is well settled on this subject. As laid down by this Court in case of Sayaji Oil and Engineering Co. v. CIT, (2002) 253 ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitute a Special Bench to resolve the controversy. 7. The reasons given in the impugned order by the bench of the Tribunal for not making a Reference to the President under provisions of Section 255(3) of the Act, are, to say the least, not germane and on such specious reasons a coordinate bench could not have taken a different view of the matter. The second question stands answered accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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