(1.) By order dated 13.3.2008, a reference was made too larger Bench and that is how these cases are before us. The order, of reference, inter-alia, reads as follows:
(2.) In terms of the reference what is required to be decided is whether revenue can be precluded from defending itself by relying upon the contrary decisions. It is to be noted that Various High Courts have taken contrary views. While some of the courts have decided in favour of the assessee, other High Courts have decided in favour of the revenue.
(3.) For deciding the issue few decisions of this Court need to be noted.