1991 (12) TMI 13

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....) of the Income-tax Act, 1961, for the assessment years 1977-78, 1979-80 and 1980-81, the following question of law has been referred to this court "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the amounts of Rs. 1,00,45,592, Rs. 45,22,346 and Rs. 4,23,706 were deductible on account of excise duty liability for the assessment year....

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.... arose in the previous year. Hence, he disallowed the claim of the assessee for all the three assessment years. The assessee, being aggrieved by the order of the Income-tax Officer, agitated the dispute before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals), after hearing the contentions of the assessee, held that the assessee-company was entitled to deduction....

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....Appeals). It is this order of the Tribunal which gives rise to the proposed common question of law. It is not in dispute that this question is now concluded by the decision of this court in the case of CIT v. Century Enka Ltd. [1981] 130 ITR 267. As a matter of fact, a similar question regarding deductibility of excise duty where the assessee challenged the levy of such duty came up for conside....