- (1.) Special leave granted.
(2.) The Tribunal had stated the case and referred the following question of law to the High Court - CIT V/s. Khodey Brewing & Distilling Industries Ltd., 2000 243 ITR(Kar) 8361 : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that interest u/s. 139(8)/215 of the Act levied in the original assessment does not survive when a reassessment is done u/s. 148 of the Act, particularly in view of the Apex Courts decision reported in CIT V/s. Sun Engineering Works (P.) Ltd., 1992 198 ITR 297 (p. 838)
(3.) A perusal of the judgment does not show that the High Court has answered the said question of law. The High Court appears to have proceeded with the case as if it was sitting in appeal and exercising the appellate jurisdiction rather than hearing a reference.;