Core Health Care Ltd. vs Deputy Commissioner Of Income Tax on 6 June, 2000
Shri Dastur further pointed out that the point of difference referred to by the learned J.M. containing reference of the decision of Calcutta Bench in J C. T Ltd. v. Assistant CIT (supra) is patently erroneous, as the said decision was not referred during the course of hearing nor a reference thereto finds a mention in the proposed order of the learned J.M. How can a decision which was not subject-matter of consideration by the learned two Members of the Division Bench be made a part of the point of difference referred to the President, Tribunal, in terms of section 255(4).