Commissioner Of Income Tax vs Delhi Cloth & General Mills Co. ...
1992 Latest Caselaw 659 Del

JUDGMENT

B.N. Kirpal, J.

1. This order will dispose of ITC No. 23/1992 and ITC No. 25/1992 which pertain to the asst. yr. 1979-80. The questions of law sought to be referred in these cases are as follows :

2. R.A. 1871 of 1987

"1. Whether, the Tribunal is correct in law and on the facts in holding that additional sale price of levy sugar amounting to Rs. 37,21,015, could not be regarded as income of the assessed ?

2. Whether, the Tribunal is correct in law and on the facts in holding that a sum of Rs. 1,02,34,534 representing additional electricity charges claimed by the Rajasthan State Electricity Board, is a permissible deduction ?

3. Whether, the Tribunal is correct in law and on the facts in holding that expenses on foreign tour, amounting to Rs. 1,30,875, were incurred for the purpose of the business of the assessed-company ?"

"1. Whether, the Tribunal is correct in law and on the facts in holding that the interest received on fixed deposit of additional levy sugar cane price received, amounting to Rs. 59,521 could not be regarded as income of the assessed ?

2. Whether, the Tribunal is correct in law and on the facts and in holding that a sum of Rs. 48,80,797, claimed as interest payable to Rajasthan State Electricity Board on the outstanding demand of electricity charges, is allowable as deduction ?

3. Whether, the Tribunal is correct in law and on the facts in holding that expenditure of Rs. 17,140, incurred on foreign tour of Dr. Charat Ram, was for the purpose of business of the assessed-company ?

4. Whether, the Tribunal is correct in law and on the facts in holding that expansion of an existing unit is entitled to relief under s. 80J ?"

2. These questions except question No. 1 arising out of R.A. 1872/87 are identical to the ones which are sought to be referred to for the asst. yr. 1977-78 by application filed under s. 256(2) which was dismissed by this Court on 4th May, 1988, being ITC Nos. 200 and 201 of 1988. Special leave petitions filed against the said decision being SLP(C) Nos. 15915-16/1988 filed by the Department were dismissed by the Supreme Court on 6th Dec., 1989. In view of the said decision, these questions are not to be referred.

3. As regards question No. 1 arising out of R.A. No. 1872/1987, this question is similar to the question which was raised in ITC No. 207/1986 in respect of the asst. yr. 1976-77 and the said petition was dismissed by this Court on 20th Jan., 1988.

3. Following the said decision, this question is also not to be referred. Petitions are dismissed.