COMMISSIONER OF INCOME TAX Vs. HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) THIS appeal is by the appellant who was the respondent and is directed against the order dated March 6, 1981, of Chandrakantaraj Urs J. allowing W.P. No. 4803 of 1979 (Hindustan Aeronautics Ltd, v. CIT] filed by the respondent/petitioner since reported in [1981] 132 ITR 461.

(2.) M/s. Hindustan Aeronautics Ltd., Bangalore, a wholly owned Central Government company, engaged in the manufacture of aeroplanes and its parts, who is the respondent before us and was the petitioner before the learned judge, is an assessee on the file of the Income-tax Officer, Company Circle, Bangalore. For the assessment year 1970-71, relevant to the accounting year ending March 31, 1970, the assessee filed its return before the Income-tax Officer who on March 15, 1973, completed the assessment disallowing certain allowances claimed by it on certain grounds that, are not necessary to notice. Against the assessment order of the Income-tax Officer, the assessee filed an appeal before the Appellate Assistant Commissioner who by his order dated October 27, 1976, partly allowed the same.

(3.) IN W.P. No. 4803 of 1979, the assessee challenged the said order of the Commissioner before this court. On March 6, 1981, Chandra-kantaraj Urs J. allowed the said writ petition and directed the Commissioner to entertain the revision petition filed by the assessee in terms of Circular No. XVI/11/69 issued by the Central Board of Direct Taxes and examine the case on merits. Aggrieved by this order of Chandrakantaraj Urs J., the Commissioner has filed this appeal before us.