1989 (8) TMI 20

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....his is an application under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). The material facts giving rise to this application, briefly, are as follows : The assessee carries on a business in manufacture and sale of conductors. During the assessment years in question, the assessee received credit note from Messrs. Hindustan Aluminium Corporation Limited tow....

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....nd appeal before the Tribunal and referred to the decision of this court in Miscellaneous Civil Case No. 40 of 1984 (CIT v. Deora Pu Canbeon Mfg. Co. P. Ltd. [1985] 156 ITR 831) and contended that the High Court, in identical circumstances, had upheld similar claim made by an assessee. The Tribunal, however, dismissed the appeal. The assessee thereupon submitted an application for rectification an....