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1991 Supreme(Pat) 353

S.B.SANYAL, G.C.BHARUKA
Haroon Rashid – Appellant
Versus
Union of India – Respondent


ORDER

1. Heard learned counsel for the petitioner and the learned counsel for the Department.

2. This writ petition relates to the vires of Section 44AC and 206C of the Income Tax Act, 1961. Various writ petitions are pending in this court as well as few matters are also pending before the Supreme Court of India. We, therefore, direct that this writ petition should await the decision of the Supreme Court. Mr. Sharan appearing for the Department will communicate the decision of the Supreme Court as soon as the judgment is delivered. It will be open to the parties to mention the case soon after the decision of the Supreme Court.

3. Learned counsel for the petitioner, however, prays for stay of the deductions pursuant to insertion of section 44 AC and 206C of the Income Tax Act by the Finance Act, 1988. This question directly came up for decision before a Division Bench of the Gujarat High Court, where while refusing interim relief in the case of R. Laxmichand Co. & others vs. Union of India & others, (1990 Income Tax Reports Volume 184) page 276, their Lordships held as follows:–

"Now the principal question, should the petitioners be granted interim relief by which the respondents and pa







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