RAMANUJAM J.

W.P. No. 905 of 1978 has been filed by the Income-tax Officer, Company Circle II(1), Madras, for the issue of a writ of certiorari to quash the order of the Vice-President, Income-tax Appellate Tribunal, Madras, dated January 31, 1978, on the ground that he has exceeded his jurisdiction under s. 255(4) of the I.T. Act, 1961 (for short the "Act"). W.P. No. 3138 of 1978 has been filed by the assessee for the issue of a mandamus directing a fresh and de novo disposal of its appeal filed before the Income-tax Appellate Tribunal and W.P. No. 3152 of 1978 is one for the issue of a writ of certiorari to quash the orders passed by the two members of the Tribunal and the Vice-President, the third member, in its appeal The circumstances under which these writ petitions came to be filed may be briefly set out. The assessee sold an extent of 26.01 acres of land to the Government of India on March 28, 1970 for a sum of Rs. 23, 40, 000. After deducting the assessee's cost of Rs. 1, 06, 855, the capital gains arising out of the said sale was determined by the ITO at Rs. 22, 33, 145. Before the ITO, the assessee claimed exemption in respect of the entire sum of Rs. 22, 33,