COMMISSIONER OF WEALTH TAX Vs. SHERVANI CHARITABLE TRUST

JUDGEMENT

(1.) 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 heared 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.

(2.) THE applications are, accordingly, dismissed.