LAWS(ORI)-1995-7-17

COMMISSIONER OF INCOME TAX Vs. KALINGA TUBES LIMITED

Decided On July 03, 1995
COMMISSIONER OF INCOME TAX Appellant
V/S
KALINGA TUBES LTD. Respondents

JUDGEMENT

(1.) AT the instance of the CIT, Orissa, the following questions have been referred :

(2.) THE facts of the case are that while computing tax for the asst. year 1963 64 under S. 143(3) of the IT Act, 1961, r/w S. 251 of the Act, in pursuance of the order of the Appellate Assistant CIT setting aside the assessment and direction given by the Tribunal, the ITO, inter alia, added Rs. 36,216 on account of sale of rejected black pipes, Rs. 1,90,410 in respect of sale of G. I. pipes and Rs. 1,18,570 representing fictitious purchases from certain parties. On appeal, the CIT (A) deleted the additions made by the AO for these years. On appeals by the Revenue, the Tribunal, by its consolidated order, upheld the orders of the CIT (A) for these years and dismissed the appeals filed by the Department.