Commissioner of Income Tax vs Laxmi Sugar and Oil Mills Ltd.

N.D. Ojha, Actg. C.J.

This application u/s 256(2) of the Income Tax Act, 1961, was dismissed by a Division Bench of this court on January 2, 1978. Against that judgment, Civil Appeal No. 764 of 1979 was preferred by the Commissioner of Income tax before the Supreme Court. The said Civil Appeal has been allowed on March 12, 1986. The judgment of this court dated January 2, 1978, has been set aside and the matter has been remanded to this court for calling a statement of the case based on the findings of fact in the light of the decision of the Supreme Court in Shree Sajjan Mills Ltd. v. CIT [1985] 156 1TR 585. Viewed in that light, the following question of law arises out of the appellate order of the Tribunal :

"Whether, on the facts and in the circumstances of the case, the Tribunal was in law justified in upholding the Appellate Assistant Commissioner''s order reducing the chargeable profits by Rs. 76,760 on account of contribution to the employees'' gratuity fund ?"

We accordingly direct the Income tax Appellate Tribunal, Allahabad Bench, Allahabad, to draw up a statement of the case and refer to this court for its opinion the question of law stated above. There shall be no order as to costs.