2006 (2) TMI 104

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....J.-The above tax case appeals are directed against the order of the Income-tax Appellate Tribunal dated November 12, 2002, made in I.T.A. Nos. 1956, 1958/(Mds)/1992, 2476(Mds) 1993 and 1957/(Mds)/1992, raising the following substantial questions of law: "(a) Whether, on the facts and circumstances of the case, the Tribunal was right in holding that excess sales tax collected and retained as a d....

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....tams and asavas manufactured by the assessee are subject to sales tax at 30 per cent, or 8 per cent. The said issue as to the assessee's liability to pay tax on arishtams and asavas manufactured and sold by it, whether at 30 per cent, or 8 per cent., was ultimately decided by the Supreme Court by judgment dated March 15, 1989, holding that arishtams and asavas are taxable only at 8 per cent., w....

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.... to assume jurisdiction under section 147(a) or (b) of the Act. The Commissioner had further held that in any case for the assessment years 1984-85 to 1986-87, the question should have been only under section 147(a) and therefore, the same was without jurisdiction. It is further held that the jurisdiction under section 147(b) of the Act was also lacking for the assessment years 1987-88 and 1988-89....

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.... arising as a result of a fiscal transaction and accordingly, cancelled all the reassessments. On further appeal, at the instance of the Revenue, the Tribunal confirmed the order of the Commissioner against which, the Revenue has preferred the above appeals raising the substantial questions of law referred to above. It is also a settled law that as long as the receipt of the amount by the as....