COMMISSIONER OF WEALTH TAX VS SHERVANI CHARITABLE TRUST
1993 P T D 660
[190 ITR 417]
[Allahabad High Court (India)]
Before B.P. Jeevan Reddy CJ. and RA. Sharma, J
COMMISSIONER OF WEALTH TAX
versus
SHERVANI CHARITABLE TRUST
Wealth Tax Applications Nos. 169 to 174 of 1990, decided on 07/01/1991.
Wealth tax---
----Reference---Order of Settlement Commission---Special leave petition to Supreme Court against order---Order not stayed or suspended by Supreme Court---Tribunal correct in following order of Settlement Commission---No question of law arose.
Held, that a special leave petition to the Supreme Court had been filed against the Order of the Settlement Commission but the Supreme Court had not stayed or suspended the order of the Settlement Commission. The Tribunal was, therefore, correct in following the Order of the Settlement Commission and no question of law arose from its order.
S. P. Gupta and Vikram Gulati for the Assessee.
JUDGMENT
This application is filed by the Department to direct the Tribunal to refer Question No. 3 of the three questions which it asked the Tribunal to refer. The Tribunal referred the first two questions but declined to refer the third question. We have heard learned counsel for both the parties. It is not brought to our notice that the order of the Settlement Commission against which a special leave petition is said to have been filed by the Department before the Supreme Court has been stayed or suspended by the Supreme Court. If so, the order of the Settlement Commission does not cease to be operative and effective. The Tribunal was right in following the order of the Settlement Commission.
The applications are, accordingly, dismissed.
M.BA./2108/TApplications dismissed.