COMMISSIONER OF INCOME TAX DEPUTY COMMISSIONER OF INCOME TAX Vs. BINJUSARIA METAL BOX CO P LIMITED SURANA STEELS P LIMITED

JUDGEMENT

(1.) Reference Case No. 126 of 1992 arises out of the order of the Income-tax Appellate Tribunal in I.T.A. No. 1822/(Hyd) of 1990, dated 23/03/1992. Messrs. V. V. Trans-Investments (P) Ltd., Hyderabad, aggrieved by the said order made a Reference Application No. 101/(Hyd) of 1992, before the Appellate Tribunal to refer to this court certain questions of law for the opinion of this court.

(2.) Writ Petition Nos. 5408, 6102 and 6141 of 1993 are filed by the Deputy Commissioner of Income-tax (Assessment)-III, Hyderabad, Deputy Commissioner of Income-tax (Assessments), Special Range-3, Hyderabad, and the Assistant Commissioner of Income-tax, Investigation Circle-I(1), Hyderabad, respectively, on behalf of the Department, for a writ of certiorari or order or direction, to call for the records relating to I.T.A. No. 1845/(Hyd) of 1990, for the assessment year 1988-89, I.T.A. No. 822/(Hyd) of 1992 for the assessment year 1989-90 and I.T.A. No. 811/(Hyd) of 1992 for the assessment year 1988-89, respectively, passed by the Income-Tax Appellate Tribunal, Hyderabad Special Bench, Hyderabad, dated 4/02/1993, and quash the order of the Special Bench.

(3.) M/s Surana Steels (P) Ltd., Secunderabad (first respondent in W.P. No. 5408 of 1993), Messrs. Binjusaria Metal Box Co. (P) Ltd., Hyderabad (first respondent in W.P. No. 6102 of 1993) and Messrs. Agroha Extraction Ltd., Hyderabad (first respondent in W.P. No. 6141 of 1993) are the appellants-assessees in the above three income-tax appeals. The Income-tax Appellate Tribunal, Hyderabad Special Bench, disposed of all the three appeals by common order, dated 4/02/1993, as they involved consideration of common question of law of general importance relating to the construction of section 115J of the Income-tax Act.