COMMISSIONER OF INCOME TAX Vs. ASSAM ROOFING LTD.

JUDGEMENT

(1.) This appeal by the Revenue under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act") raises the following substantial question of law:

(2.) A summary of the somewhat elaborate facts will be necessary to be noticed at the outset:

(3.) Pursuant to the aforesaid order of the learned Commissioner of Income-tax (Appeals) the Assessing Officer passed an order dated December 13, 1994, deleting transport subsidy amounting to Rs. 98,79,266 from the total income of the Respondent-Assessee and, furthermore, allowing interest under Section 244A of the Act on the amount of refund that was found due to the Assessee. The interest, it may be noticed, was allowed for a period of 33 months, i.e., from April 1, 1992 to December 6, 1994.