- (1.) In the present case, the High court has not followed the direct decision of this court on Section 80-K of the Income Tax Act, 1961 in Union of India v. Coromandel Fertilizers Ltd. which is by a bench of twolearned Judges. The High court has referred to two later decisions of this court in commissioner OF INCOME TAX v. Patiala Flour Mills Co. (P) Ltd and Rajapalayam Mills Ltd. v. commissioner OF INCOME TAX by a bench of three learned Judges on Section 80-J of the Act. The latter decisions by a bench of three Judges on Section 80-J do not say that the decision in Union of India v. Coromandel Fertilizers Ltd. is not correct. In such a situation, it was inappropriate for the High court to have itself treated the decision in Union of India v. Coromandel Fertilizers Ltd. as incorrect when that is the decision directly on Section 80-K of the Act.
(2.) However, in these circumstances, we consider it appropriate that these matters be heard by a three-Judge bench.
(3.) List the matters before a three-Judge bench. Court Mters;