1989 (7) TMI 95

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....ered by KIRPAL J. - This, is an application under section 256 (2) of the Incometax Act filed by the Commissioner of Income-tax praying for a direction being issued to the Income-tax Appellate Tribunal to refer the following question of law to this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in deleting the addition....

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....only Rs. 450 per metric tonne. The difference amounting to Rs. 5,01,426 was disallowed under section 40A(2) of the Act. An appeal was filed before the Commissioner of Income-tax (Appeals) but without success. The respondent then filed a second appeal before the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal, vide its order dated July 30, 1986, came to the conclusion that the r....

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....is petition. Firstly, the question of law which is sought to be raised is not clearly understandable. It proceeds on the basis that a letter from G. B. Industrial Works had not been produced before the Inspecting Assistant Commissioner (Assessment) and that was taken into consideration by the Tribunal for the first time. From the order of the Commissioner of Income-tax, we find that this letter ha....