1990 (1) TMI 311

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....stion of law have been referred to this Court by the Tribunal under s. 256(1) of the IT Act, 1961: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in rejecting the assessee's claim for weighted deduction in respect of the following items (i) Packing credit interest under s. 35B1) (b) (viii) 24,48,257 (ii) Part due/overdue interest on export under....

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....mputing its total income ?" 2. The assessment year involved is the asst. yr. 1977-78 for which the relevant period of account is the year ending on 3rd July, 1976. 3. The first question is now concluded by the decision of this Court in the assessee's own case in respect of earlier year in the case Brook Bond India Ltd. vs. CIT (IT Ref. No. 13 of 1983 judgement delivered on 3rd Aug., 198....

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....would involve a fresh investigation and enquiry over the entire facts and circumstances of the case. This is prohibited by the decision of the Supreme Court reported in Addl. CIT vs. Gurjargravuers P. Ltd. 1978 CTR (SC) 1: (1978) 111 ITR 1(SC) and is not contemplated to be permissible even by the Andhra Pradesh High Court in CIT vs. Gangaappa Cables Ltd. 1978 CTR (AP) 332: (1979) 116 ITR 778(AP) w....