COMMISSIONER OF INCOME TAX Vs. DALMIA CEMENT LTD

JUDGEMENT

(1.) THREE questions have been proposed on behalf of the CIT. In our opinion, question No. 2 is a question concluded by the decision of the Supreme Court in Kedarnath Jute Mfg. Co. Ltd. vs. CIT (1971) 82 ITR 363 and for the same reasons as we have set out in ITC No. 89 of 1986 [CIT vs. Dalmia Cement (Bharat) Ltd. (No. 2) (1988) 67 CTR 15 : (1988) 173 ITR 89 (Delhi)], which has been disposed of today, no reference of this question is called for.

(2.) SO far as the first question is concerned, we direct the Tribunal to state a case and refer the following question for our decision for the reasons set out in our order of even date in ITC No. 89 of 1986 [CIT vs. Dalmia Cement (Bharat) Ltd. (No. 2) (1988) 173 ITR 89 (Delhi)]:

(3.) THE Tribunal is directed to state a case and refer the above two questions for the decision of this Court. This application is disposed of. No order as to costs.