1991 (6) TMI 27

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..... ssessment year 1980-81 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 excise duty liability arises on the basis of the show-cause notices issued by the Central Excise Department and, in that view of the matter, the claim for excise duty liability amounting to Rs. 2,04,421 is allowable in assessm .....

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..... ITR 267 clearly applied to the facts of the case. The Tribunal held that the assessee was entitled to deduction of Rs. 13,781 and Rs. 6,376. However, in respect of the amount of Rs. 1,05,513 and Rs. 78,750, the Tribunal restored the matter to the file of the Income-tax Officer with its direction by observing as under: "We have considered the rival submissions. The lower authorities are not just .....

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..... the notices dated March 14, 1979, demanding these two amounts were served on the assessee during April 1, 1979, to March 31, 1980, he should allow deduction, in the assessment year 1980-81, of those two amounts." It is not in dispute that a similar question was considered by Division Bench of this court in the case of CIT v. Century Enka Ltd. [1981] 130 ITR 267. The parties are agreed that, in v .....

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