1991 (12) TMI 13

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..... 980-81, the following question of law has been referred to this court "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the amounts of Rs. 1,00,45,592, Rs. 45,22,346 and Rs. 4,23,706 were deductible on account of excise duty liability for the assessment years 1977-78, 1979-80 and 1980-81 ? " The brief facts are that the assessee-comp .....

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..... all the three assessment years. The assessee, being aggrieved by the order of the Income-tax Officer, agitated the dispute before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals), after hearing the contentions of the assessee, held that the assessee-company was entitled to deduction of Rs. 1,00,45,592, Rs. 45,22,346 and Rs. 4,23,706 for the assessment years 1977 .....

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..... question of law. It is not in dispute that this question is now concluded by the decision of this court in the case of CIT v. Century Enka Ltd. [1981] 130 ITR 267. As a matter of fact, a similar question regarding deductibility of excise duty where the assessee challenged the levy of such duty came up for consideration before this court in 1. T. Reference No. 28 of 1991 in the case of CIT v. In .....

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