BONGAIGAON REFINERY AND PETRO CHEMICALS LTD Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Heard Dr. A. K, Saraf, Learned Sr. Counsel for the petitioner and Mr. U. Bhuyan. Learned Standing Counsel for the Income Tax.

(2.) As agreed to by both the parties and in order to prevent possible prejudice to public interest that may be occasioned by keeping this writ petitions pending. This court considers it appropriate to pass final orders in the present writ applications.

(3.) Both the writ applications have been filed challenging the common order dated 17.5.2002 passed by the Learned Income Tax Appellate Tribunal, Gauhati Bench in ITA Nos. 46 and 48 (Gauhati) of 2002. By the aforementioned order dated 17.5.2002, the Learned Tribunal had rejected the aforesaid appeals filed by the petitioner/assessee on the grounds stated therein giving liberty to the assessee to move the Tribunal once again for recall of the order, in the event, the approval of the High Power Committee is obtained by the assessee for prosecution of the appeals before the Learned Tribunal. The facts lie in a short compass and may be briefly indicated hereunder.