9911796707
TMI Blog1979 (8) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... e-tax Act, 1961 (hereinafter to be referred to as " the Act "), the CIT, Jaipur, has prayed that the Income-tax Appellate Tribunal, Delhi Bench ' B ', may be directed to state a case and submit the following question of law set out in the application : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in reopening and adjudicating on an issue under s. 254 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g given by it in the assessment year 1954-55 on the question of the cost of the plant and machinery. However, for the assessment year 1962-63, the assessee made an application for rectification of certain mistakes alleged to have occurred in the order of the Tribunal dated December 13, 1974 (Ex. 2). This application was allowed by the Tribunal by its order dated July 23, 1975 (Ex. 3) and the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 1954-55, the cost of the " packing plant " at Sawai Madhopur was estimated by the Tribunal at Rs. 4,00,000, after detailed consideration. This cost was arrived at on the basis of the letter dated June 7, 1961, received from M/s. F. L. Swidth Co. Ltd. The assessee filed an application for rectification of certain alleged mistakes in the order of the Tribunal relating to the estimated cost of " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r s. 254(1) of the Act arose from the order of the Tribunal and the Tribunal ought to have stated a case to the High Court. In support of his contention, learned counsel for the CIT has relied upon CIT v. Bombay Dyeing and Manufacturing Co. Ltd. [1971] 82 ITR 892 (SC), wherein it was held : " that the question of law whether the Tribunal was competent to rectify its appellate order in regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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