DALMIA CEMENT (BHARAT) LTD. Vs. THE COMMISSIONER OF INCOME TAX
LAWS(DLH)-2015-12-224
HIGH COURT OF DELHI
Decided on December 23,2015

DALMIA CEMENT (BHARAT) LTD. Appellant
VERSUS
THE COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

Vibhu Bakhru, J. - (1.) The appellant has filed the present appeal under Sec. 260A of the Income Tax Act, 1961 (hereafter the 'Act') impugning a common order dated 11th February, 2003 passed by the Income Tax Appellate Tribunal (hereafter 'ITAT') disposing of the appeals preferred by the Assessee as well as the Revenue against an order dated 14th January, 1994 passed by the Commissioner of Income Tax (Appeals) [hereafter 'CIT(A) ']. The said order dated 14th January, 1994 passed by CIT(A) disposed of the appeal preferred by the Assessee against the assessment order dated 26th March, 1991 in respect of the assessment year (AY) 1988 -89.
(2.) The present appeal was admitted on 28th November, 2005 and the following question of law was framed: - "Whether on the facts of the case borne on the record, the Appellate Tribunal was right in law in holding that the liability accrued against the assessee -appellant company during the relevant previous year ended on 31.3.1988 in respect of cess and cess surcharge levied on it an amount of Rs. 238.25 lakhs (approx.) under the Madras Panchayats Act, 1958, in respect of certain minerals raised by it as raw materials for its industrial unit had ceased to exist during the relevant previous year -
(3.) Thereafter, on 23rd November, 2015, the Court also framed the following question of law for consideration: - "Whether the Appellant Assessee is entitled to investment allowance under Sec. 32A(1) of the Act in the sum of Rs. 67,17,352/ - for AY 1988 -89 -;


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