COMMISSIONER OF INCOME TAX Vs. VARIETIES

JUDGEMENT

(1.) PURSUANT to this court's order dated January 20, 1976, the Income-tax Appellate Tribunal, Patna Bench, ' B ', has stated the case and submitted the statement under Section 256(2) of the I.T. Act, 1961 (hereinafter referred to as "the Act"), of the case and forwarded the following question of law for the opinion of this court :

(2.) AFTER the order was passed by this court, it seems that on March 15, 1976, on a miscellaneous application filed by the assessee before the Tribunal under Section 254 of the Act, the Tribunal accepted the assessee's contention and held that the sales on which the relief at 5% had to be calculated would be Rs. 5,63,794 instead of Rs. 4,95,885 adopted in the Tribunal's original order and thus it was held that the assessee was entitled to a relief of Rs. 28,189 instead of Rs. 24,799 as calculated earlier. The Tribunal held that apparently there had been a mistake of arithmetical calculation in respect of the reliefs allowed. Thus the figure of Rs. 24,799 was corrected by order dated March 15, 1976.

(3.) IT is pertinent to state here that the AAC enhanced the percentage to 17.2 (which was taken by the Tribunal as 17.5% by way of rounding off).