COMMISSIONER OF INCOME TAX Vs. HINDUSTHAN COPPER LTD

JUDGEMENT

(1.) The Tribunal has referred the following question of law to this court under Section 256(1) of the Income-tax Act, 1961 :

(2.) The assessment years involved are 1972-73 and 1973-74 for which the years of account are the calendar years 1971 and 1972.

(3.) It has been pointed out on behalf of the assessee that the Tribunal has followed its decision in the assessee's own case in the earlier assessment year against which no reference application has been made ; it has been pointed out that the explanation in respect of these claims have been allowed by the Department in the previous year without any question. The nature of the payments has been stated by the Tribunal in the following words in the assessee's own case for the assessment year 1962-63 against which no reference application has been made :