2000 (4) TMI 8

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....P. SARAF C.J.-By this application under section 256(2) of the Income-tax Act, 1961, the Commissioner of Income-tax seeks a direction to the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar ("the Tribunal"), to refer the following three questions of law to this court for opinion: "(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in directin....

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....been settled by this court in a reference in the case of the very same assessee, being I.T.A. No. 35 of 1994, dated August 9, 1999, for an earlier assessment year. In that case, it has been held that the transformer in question having been purchased for being used for the purpose of production of alcoholic drinks, which was the main business of the assessee, the assessee was not entitled to invest....