2005 (1) TMI 72

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....INGHVI J.- On an application made by the Commissioner of Income-tax, Haryana, Rohtak, under section 256(1) of the Income-tax Act, 1961 (for short, "the Act"), the Income-tax Appellate Tribunal, Delhi Bench "A", New Delhi (for short, "the Tribunal"), has, vide its order dated September 14, 1987, referred the following question of law for the opinion of this court: "Whether, on the facts and in t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....case has already been answered by the Supreme Court against the Revenue in Second ITO v. Stumpp Schuele and Somappa (P.) Ltd. [1991] 187 ITR 108. Shri D.S. Patwalia, learned counsel for the Revenue, fairly stated that the proposition laid down in the aforementioned judgment of the Supreme Court is squarely applicable to the present case. We have carefully gone through the judgment of the Sup....