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Report No. 58

Question 7

6.2. It is in the light of these considerations that Question No. 7 has been formulated by us. The question reads thus:

"(a) Do you favour the creation of a National Tax Court for hearing references from the Income-tax Appellate Tribunal (or similar tribunals constituted under taxation laws of the Centre and the State), whose decisions will be final, subject only to appeals as indicated below?

(b) If so, should appeals to the Supreme Court from the decisions of the Tax Court,-

(i) be allowed with special leave, or

(ii) be allowed with special leave but only if a substantial question of law of general importance is involved, or

(iii) be allowed subject to any other limitation?

(c) In the alternative, are you of the view that the decision of the present Income-tax Appellate Tribunals (or corresponding Tribunals under other Central and State laws relating to taxation) should be final, subject to review by the High Court under Article 226 of the Constitution or appeal to the Supreme Court under Article 136 of the Constitution?

(d) If yes, what should be the status and terms and conditions of service of Judges of the above Court?"

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