COMMISSIONER OF INCOME TAX Vs. DEHRADUN TEA COMPANY

JUDGEMENT

(1.) THIS appeal has been preferred by the Department against the judgment and order dated December 26, 2002, passed by the Income Tax Appellate Tribunal, Delhi Bench "F" Delhi, for the assessment years 1984 -85, 1985 -86, 1986 -87 to 1991 -92. The following questions have been framed in the memo of appeal for our determination by learned Counsel for the Department:

(2.) THE brief facts of the case giving rise to the present appeal are that the notice under Section 148 dated February 27, 1995, was issued to the assessee which was served on February 29, 1995, after seeking necessary approval from the Commissioner of Income Tax, Meerut. In response to the said notice the assessee filed a return on January 31, 1997, at nil income. The assessee was holding plots of land at Dehradun. The plots were acquired by the Collector and compensation was paid to the assessee. The Assessing Officer made reassessment. The assessee filed appeals before the Commissioner of Income Tax (Appeals) for the assessment years 1986 -87, 1987 -88, 1988 -89, 1989 -90 and 1990 -91. The Commissioner of Income Tax consolidated the five appeals. The Commissioner of Income Tax partly allowed the appeals and held that the accrued interest so brought to tax at Rs. 30,48,004 in each year under consideration is not justified and the inclusion of this amount in the assessment years was deleted.

(3.) NOW against the impugned judgment and order dated December 26, 2002, the Department has come up in the appeal before this Court.