I T C LTD Vs. INSPECTING ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The income of the petitioner for the assessment year 1964-65, was assessed by the Assessing Officer by his order dated March 20, 1969, allowing a rebate at 20 per cent, by considering the assesses as a limited company without having substantial interest of the public at large. Such order of assessment was taken on appeal and the appellate authority reversed the order of the Assessing Officer and held the petitioner as a company having substantial interest of the public at large and thereby directed rebate of 30 per cent, instead of 20 per cent. allowed initially by the Assessing Officer.

(2.) In terms of the direction of the appellate authority the Assessing Officer by his order dated April 19, 1972, revised his own order by granting rebate at 30 per cent, instead of 20 per cent. The order of the appellate authority was impugned by the Revenue before the Tribunal wherein the Tribunal upheld the order of the appellate authority by its order dated September 21, 1973. The reference application made by the Revenue on the said score was also dismissed for non-prosecution as the Department did not wish to proceed any further in the matter.

(3.) After the said issue having been resolved by the ultimate order of the Tribunal the Assessing Officer issued a notice for correction of some mistakes which was accepted by the petitioner and accordingly the order was revised.