9911796707
TMI Blog1996 (3) TMI 70X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961, was filed by the Revenue for calling a reference from the Tribunal and in pursuance of an order dated September 22, 1989, in M. C. C. No. 446 of 1986 (see [1990] 181 ITR 362), the Tribunal has stated the case and referred the following question for answer by this court : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a provision made by creating a reserve out of profits. He held that it was not an existing liability put only a contingent liability. The Income-tax Officer thus made disallowance of the claim. The assessee went in appeal before the Commissioner of Income-tax (Appeals), who following the earlier orders of the Tribunal allowed the claim of the assessee. The Revenue came in appeal before the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue. It has been observed thus : " The fact that provision has been made in the accounts of the assessee maintained according to the mercantile system, to provide for the liability, it has already incurred during the relevant year under section 21 of the Bidi and Cigar Workers (Conditions of Employment) Act, 1966, is beyond controversy. The case does not involve any dispute about the quantific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mic character and no useful purpose would be served by requiring the reference to be made for deciding the point concluded in this manner. " In view of the fact that between the same parties on a similar question reference was sought by the Revenue and the same was rejected for the aforesaid reason, it is not proper for this court to take a different view. Before parting, we may mention that in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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