Commissioner of Income Tax vs Dalmia Dairy Industries Ltd.

By this application u/s 256(2) of the Income Tax Act, 1961, (hereinafter referred to as ''the Act''), the revenue seeks a direction to the Tribunal to refer the following questions, stated to be one of law, for our opinion.

"1. Whether, on the facts and in the circumstances of the case, the ITAT was correct in law in holding that the assessed was entitled to interest under sections 214 and 244(1A) of the Income Tax Act, 1961, on advance tax refunded to the assessed as a result of appellate order ?

Whether, on the facts and in the circumstances of the case, the ITAT was correct in law in holding that the ratio of the decision of the Delhi High Court in the case of National Agricultural Co-operative Marketing Federation of India Ltd. Vs. Union of India and others, was binding on the Income Tax Officer even though the Hon''ble Supreme Court had granted interim stay of the judgment and order of the High Court ?"

The assessment year involved is 1983-84. Since in our opinion answer to both the questions proposed stands concluded by the decision of the Supreme Court in Modi Industries Limited, Modinagar and Others Vs. Commissioner of Income Tax, Delhi and Another, no issue survives for our consideration.

The application is, accordingly, disposed of.