- (1.) The present appeal is filed by the department against the impugned order dated 30.04.2004, passed by the Income Tax Appellate Tribunal, New Delhi in I.T.A. Nos. 6412 & 622/Del/1994 for the assessment year 1991-92.
(2.) On 06.11.2012, the appeal was admitted by a Co-ordinate Bench on the following substantial questions of law:- "(1). Whether on the facts and circumstances of the case the Tribunal was legally justified in upholding the order of the CIT(A) in deleting the addition made on account of closing stock amounting to Rs.2,85,81,310/-? (2). Whether on the facts and circumstances of the case the Tribunal was legally justified in upholding the order of the CIT(A) in deleting the addition on account of under statement of sale proceeds of baggase, disallowance on account of treatment of capital expenses as revenue expenses in molasses fund? (3). Whether on the facts and circumstances of the case the Tribunal was justified in directing the Assessing Officer to allow depreciation on tube-well treating it as plant and machinery? (4). Whether on the facts and circumstances of the case the Tribunal was justified in upholding the order of the CIT(A) in treating the gratuity payable as excess provision of gratuity? (5). Whether on the facts and circumstances of the case the Tribunal was justified in upholding the order of the CIT(A) in treating the expenditure incurred by the assessee against export quota sales of sugar as loss amounting to Rs. 25,02,825/-?"
(3.) The brief facts of the case are that during the assessment year under consideration, the assessee was engaged in the manufacturing and sale of the sugar. While passing the order under Section-143(3) of the Act, the A.O. made various additions which were partly allowed by the first appellate authority. The Tribunal upholds the same. Being aggrieved, the department has filed the present appeal.;