2011 (2) TMI 1492

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.... ORDER SANJAY KISHAN KAUL, J 1. It has been pointed out to us that the questions of law have been framed by the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) at the behest of the assessee and thus the cause title of the case ought to be corrected and should therefore read as J.K. Synthetics Ltd. Vs. CIT and not CIT Vs. J.K. Synthetics Ltd. as shown in the cause li....

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....t? 3. Whether on the facts and in the circumstances of the case, the Ld. ITAT was correct in confirming the disallowance of Rs. 36,90,083/- being excise duty liability on the polymer chips on the ground that the same did not accrue or arise during the relevant previous year? 4. Whether the Appellate Tribunal was right in law in holding that the grounds of appeal with regard to th....

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....is identical to question no.2 of the instant reference. In ITA No.285/1987, the said question was answered in favour of the assessee. Therefore, question no.2 of the instant reference will have to be answered accordingly. Question no.2 is answered in favour of the petitioner / assessee and against the revenue. 5. Learned counsel for the assessee submits that question no.3 of the instant referen....

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....urt today. In so far as the question of law is concerned, the learned counsel says that it does not arise in the circumstances stated above. We are inclined to accept the request made. On this limited aspect, the case is remanded to the Assessing Officer. 6. As far as the last question is concerned, learned counsel for the assessee fairly states that the same has to be answered against the asse....