1998 (3) TMI 78

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..... erred to us for the assessment year 1977-78, by the Income-tax Appellate Tribunal, B-Bench, Madras : "(i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has rightly held that, the Commissioner of Income-tax had jurisdiction under section 263 of the Income-tax Act, 1961, to revise the assessment order passed by the Inspecting Assistant Commissioner o .....

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..... aw referred to us at the instance of the assessee, is concerned, the issue raised in this case is covered against the assessee by the judgment of this court in T. C. No. 1090 of 1980, dated January 7,1997 (CIT v. V. V. A. Shanmugam [1999] 236 ITR 878). Hence, we answer the first question of law referred to us at the instance of the assessee in the negative (sic) and against the assessee. So far .....

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..... issue is also covered against the Department by a recent judgment of the Supreme Court in South India Viscose Ltd. v. CIT [1997] 227 ITR 286wherein it was held that the assessee is entitled to extra shift allowance in respect of plant and machinery on the basis of number of days during which the concern had actually worked double shift or triple shift and not a particular item of machinery or plan .....

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