Commissioner Income Tax vs Micky B. (P) Ltd.
1987 Latest Caselaw 89 Del

JUDGMENT

1. By the Court - Counsel for the petitioner brings to our notice that so far as the first question is concerned a question in identical terms has been referred by the Tribunal to this court and is a subject matter of I.T.R. No. (unknown) (against R.A. No. 1406/Del/83) relevant to the asst. yr. 1978-79. In view of this we direct Tribunal to state a case and refer the following question for the decision of this court :

"Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in confirming the order of the CIT(A) directing the ITO to tax the company at the rate of income-tax applicable to an industrial company as defined in s. 2(7)(c) of the Finance Act, 1977 ?"

2. The petitioner also seeks a reference of a further question pertaining to s. 80J. So far as this question is concerned it has not yet been decided on merits as the question has been sent back for examination to the ITO. Of course, to some extent whether the assessed is entitled to relief under s. 80J may depend upon the answer to the first as well as on the answers to the two questions referred in the subsequent assessment year. But since no final decision has yet been made and the whole matter is before the ITO to be disposed of the issue is before this court in Income-tax Reference pertaining to the asst. yr. 1978-79, we think, this question is academic and we do not direct its reference.

3. In the result, the Tribunal may refer the first question referred to above for the decision of this court. This application is disposed of. No costs.