2003 (10) TMI 32

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....1997, the Commissioner of Income-tax, Meerut, moved an application under section 256(1) of the Income-tax Act, 1961, before the Tribunal requesting the Tribunal that statement of case may be drawn up and the question of law arising from its order dated June 20, 1990, in Income-tax Appeal No. 3407/Delhi of 1988 be referred for our opinion. This application dated February 27, 1997, was rejected b....

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....y the ONGC It included income-tax as also surtax. According to the assessee, during the assessment year in question, i.e., 1984-85, it was exempted from payment of surtax vide notification of the Central Government dated March 31, 1983, issued under section 24AA of the Companies (Profits) Surtax Act, 1964. The Department rejected this contention. The Department took the view that the exemption was....

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.... application. They are as follows: "(i) Whether the activities of the assessee were in the nature of works contract and therefore not covered by the notification of the Central Government dated March 31, 1983, under section 24AA of the Companies (Profits) Surtax Act, 1964? (ii) Whether the Income-tax Officer was right in adding the payment of surtax by the ONGC as perquisite/benefit in terms....