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2003 Supreme(Cal) 249

RAJENDRA NATH SINHA, DILIP KUMAR SETH
Bidya Devi – Appellant
Versus
Commissioner of Income-tax, Allahabad – Respondent


Advocates Appeared:
Ram Chandra Prosad, for Petitioner; Anindya Mitra, J. P. Khaitan, for Respondents.

Judgement

ORDER :- This is an application for Review of an order passed on 12th of June, 2000, in F.M.A. 484 of 2000 (F.M.A.T. 3124 of 1992) by the Division Bench presided over by Mr. Justice Y. R. Meena and Mr. Justice R. K. Mazumdar, as Their Lordships then were.

2. Mr. Prosad has taken three grounds, the first of which is that while the judgment was reserved, Mr. Prosad was asked to submit his written notes on submissions but before written notes on submissions could be submitted the judgment was delivered. Mr. Prosad, in his written notes of submission, had cited some decisions, which he could not cite at the time of hearing. Since the judgment was delivered before he could submit his written submission, those decisions were not considered, and further the Court had assured that there would be further hearing before the delivery of the judgment but that was not adhered to. The second question he raised is that the Court did not take into consideration the law as it stood on 12th of June, 2000 in respect of the interpretation of Section 179 of the Income Tax Act, 1961, as was amended with effect from 1st of October, 1975. The Court had relied on the decision passed by the Kerala



















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