1995 (3) TMI 79

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....By this application filed under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as " the Act "), the Revenue seeks to have the following questions, stated to be questions of law, referred to this court, for its opinion : "1. Whether the Tribunal was right in law in holding that the additional liability on account of excise duty amounting to Rs. 7,78,667 and Rs. 12,51,125 was....

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.... holding that additional excise duty provision amounting to Rs. 1,29,923 was allowable to the assessee on the ground that these liabilities pertain to the assessee's production of the current year ? " So far as questions Nos. 1 and 5 are concerned, they are similar in nature and dependent on each other and, therefore, we take up the said two questions together for the purpose of our considerati....

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....well. However, considering the contents of question No. 2, we find that so far as it relates to allowing weighted deduction under section 35B on expenditure on commission on exports paid in India, we find that the same gives rise to a question of law and, accordingly, we direct the Tribunal to refer to this court the said question for our opinion. The rest of the question as formulated by the Reve....