2014 (1) TMI 606

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.... has been filed by the Department under Section 260A of the Income Tax Act, 1961 against the judgment and order dated 28.03.2005, passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A. No. 207/Alld./1998, for the assessment year 1993-94. Heard Sri Dhananjay Awasthi, learned counsel for the Department and Sri Ashish Bansal, learned counsel for the assessee. In the present appeal, the ....

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..../- on excess realisation of levy sugar price which was a contingent liability and was not due for payment? Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was correct in law not upholding the Assessing Officer's action in making addition of Rs.56,31,821/- made on account of extra sales realization on additional free sale quota under "Incentive Scheme ....

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.....N. Mahajan, learned Standing Counsel, has very fairly submitted that question no.1 is squarely covered by the decision of this Court in the case of Commissioner of Income Tax v. Dhampur Sugar Mills Ltd. (No.2), reported in 274 ITR-370 which has been followed in the case of the assessee itself in Income Tax Appeal Defective 239 of 2005, decided on 6.8.2009 against the revenue and question nos. 2 a....