1991 (8) TMI 69

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....normal depreciation for such shift and computed the assessee's total taxable income at Rs. 63,562. The Commissioner of Income-tax invoked his revisional powers under section 263 of the Income-tax Act, 1961 ("the Act" for short), and, after hearing the assessee, who appeared before him in response to the show-cause notice, held that White Phosphoric Acid Plant was a new manufacturing unit set up in the calendar year 1971. He further found that the said new unit had worked only for 53 days and the assessee was entitled to extra shift allowance at 53/240 of half the normal depreciation. He, therefore, held that the Income-tax Officer had erred in allowing extra shift allowance. The Commissioner, therefore, set aside the assessment and directed....

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.... wrong in interfering with the order of the Income-tax Officer. In the view which it took, the Tribunal allowed the assessee's appeal. The Tribunal has, at the instance of the Revenue, referred to us for our opinion the following questions under section 256(1) of the Act: "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Commissioner had no jurisdiction to initiate action under section 263 of the Income-tax Act, 1961, and to pass order directing the Income-tax Officer to revise the assessment ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the concern as a whole consisted of two plants whic....