COMMISSIONER OF INCOME TAX Vs. UNIVERSAL ELECTRICS LTD

JUDGEMENT

(1.) By this application under Section 256(1) of the Income-tax Act, 1961, the following question has been referred for our opinion :

(2.) At the outset, it is brought to our notice that an identical question was referred to this court and upon consideration of the same by this court the matter was sent back to the Tribunal. As the full facts relevant to question are not available to decide or to answer the question referred, the matter can be sent back to the Tribunal on the same lines as has been sent in the earlier years on identical facts. While sending the matter back, this court has in the case of CIT v. Western Bengal Coal Fields Ltd. [1994] 208 ITR 981 observed as under (page 985) :

(3.) Learned counsel for the Revenue has not controverted these facts. Accordingly, we send the matter back to the Tribunal with a direction to ascertain the purpose of boring and drawing water from underground and also to allow the parties to lead evidence in deciding the question afresh. The reference matter accordingly stands disposed ofaccordingly stands disposed of.