COMMISSIONER OF INCOME TAX Vs. ORISSA CEMENT LIMITED

JUDGEMENT

(1.) BY this application, the CIT seeks reference of as many as nine questions of law. However, questions Nos. 1, 2, 3, 4, 5, 7 and 8 are already covered by an earlier decision of this Court in ITC No. 300 of 1983 [CIT vs. Orissa Cement Ltd. (1988) 67 CTR (Del) 101 : (1988) 171 ITR 72]. For the reasons stated therein, we reject the application in so far as these questions are concerned. This leaves for consideration only questions Nos. 6 and 9.

(2.) SO far as question No. 6 is concerned, we have called for a reference in somewhat similar circumstances in relation to the asst. year 1976 -77 in ITC. No. 294 of 1983. We, therefore, direct the Tribunal to state a case and refer the following question for our decision:

(3.) AGAIN , so far as question No. 9 is concerned, we are of the opinion that for the reasons set out by us in our order in ITC No. 89 of 1986 [CIT vs. Dalmia Cement (Bharat) Ltd. (No. 2) (1988) 67 CTR (Del) 15 : (1988) 173 ITR 89 (Del)] and ITC No. 101 of 1986, the Tribunal should be called upon to state a case and refer the following question for our decision: