COMMISSIONER OF SURTAX Vs. DALMIA CERAMIC INDUSTRIES LTD

JUDGEMENT

(1.) HEARD . Following questions have been referred for opinion of this Court at the instance of the Revenue under S. 256(1) of the IT Act, 1961 (in short 'the Act') by the Tribunal, Delhi Bench 'C' (for short the 'Tribunal') :

(2.) CONSIDERING the answer given in respect of similar questions in IT Ref. No. 329 of 1979, disposed of on 6th Sept., 2000 and IT Ref. No. 99 of 1980, disposed of on 2nd Nov., 2000, we answer the first question in the affirmative, in favour of the assessee and against the Revenue. So far as the second question is concerned, the same is answered in favour of the Revenue and against the assessee. The application is disposed of.