COMMISSIONER OF INCOME TAX Vs. DALMIA INDUSTRIES LTD

JUDGEMENT

(1.) THE Revenue seeks a reference in respect of the two following questions.

(2.) THE second question certainly does not call for any reference, in view of the two decisions of this Court in CIT vs. Jay Engineering Works Ltd. (1990) 182 ITR 181 and in CIT vs. Shriram Refrigeration Industries Ltd. (1992) 110 CTR (Del) 60 : (1992) 197 ITR 431.

(3.) IT is unnecessary to go into the applicability of this proposition in the instant case. We are of the view that the question is squarely covered by the aforesaid decision of this Court in Dalmia Dairy Industries Ltd.'s case (supra) . This Court has noted that right from the asst. yr. 1974-75 onwards the deduction was allowed by the Tribunal and that in respect of three years, namely, 1974-75, 1975-76 and 1977-78, reference applications were also rejected. The said decision pertains to the asst. yr. 1978-79. The Bench pointed out that the reference made to it was without referring to the earlier orders. Having regard to the decision of the Supreme Court in Kedarnath Jute Mfg. Co. Ltd. vs. CIT (1971) 82 ITR 363, this Court held that the sales tax liability was deductible because the notification in question was not stayed by the Calcutta High Court but only the fact of collection of the tax was stated. There is no difference between the facts of the earlier decision and the present case except regarding the figures. We do not think it appropriate that we should require the Tribunal to refer the said question once again to this Court.