COMMISSIONER OF INCOME TAX Vs. CEBON INDIA LIMITED

JUDGEMENT

(1.) THIS is a petition under S. 256(2) of the IT Act, 1961 (for short "the Act"), for directing the Tribunal, Delhi Bench "D", New Delhi (for short "the Tribunal"), to draw up a statement of the case and refer the following question of law to this Court :

(2.) A perusal of the record shows that the assessee filed return for the year 1995 96 on 30th Nov., 1995, declaring nil income. While processing the return under S. 143(1)(a) of the Act, the AO made addition of Rs. 22,04,344 on account of interest paid to the IFCI and Rs. 13,88,741 on account of sales tax, etc. Later on, he issued notice under S. 143(2) and completed the assessment at an income of Rs. 68,83,890. The first appeal filed by the assessee against the order of the AO was dismissed by the CIT(A), Faridabad (for short "the CIT(A)"), but the second appeal filed by it was allowed by the Tribunal which held that the adjustments made by the AO cannot be termed as prima facie adjustment within the meaning of S. 143(1)(a) of the Act. Reference application filed by the Revenue was dismissed by the Tribunal on the ground that no debatable issue arose out of the order passed by it.