Jyoti Limited vs Assistant Commissioner of Income Tax

D.A. Mehta, J.—At the time of admission on 29.12.1999 this Court had formulated following substantial question of law:

Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in sustaining the addition Rs. 3,00,000/- by way of unaccounted income from the sale of scrap by the appellant?

Today, by way of a separate order of even date in O.J. Civil Application No. 137 of 2009, the appellant herein has been permitted to agitate one more issue relatable to commission received by the assessee-Company for Assessment Year 1986-87, namely, the present Assessment Year. Accordingly, in light of the order of even date made in the aforesaid Civil Application, following additional question of law is formulated for consideration:

Whether in the facts and in the circumstances of the case, the Tribunal was right in law in holding that the commission was received by the assessee-company in Asst. Year 1986-87?

The Assessment Year in question is 1986-87. It is an accepted position between the parties that both the issues raised in the appeal stand concluded by judgment rendered today in assessee''s own case in Income Tax Reference No. 20 of 2000 and hence, it is not necessary to set out facts and contentions in detail.

Accordingly, both the questions are answered in the affirmative i.e. in favour of the revenue and against the assessee. The appeal stands dismissed accordingly with no order as to costs.