ADVANI OERLIKON PVT LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an application in revision under S. 5(2) of the Bombay Court Fees Act, 1959.

(2.) THE petitioners are a private limited company and carry on the business of manufacture and sale of electrodes and welding and electronic equipments. They are being assessed under the IT Act, 1961, as a private limited company and are also assessable under the provisions of the Companies (Profits) Surtax Act, 1964 (hereinafter for the sake of brevity referred to as "the Surtax Act"). In respect of the asst. year 1964 65 the petitioners were assessed both under the IT Act and the Sur tax Act. The order of assessment under the Surtax Act was made on March 30, 1972, and, as is shown by the said assessment order, the designation of the officer who made the said order was Surtax Officer, Companies Circle I(9), Bombay.

(3.) IN order to complete the narration of facts it may be mentioned that by a consent order dated November 10, 1975, the petitioners' petition was allowed and the Tribunal directed to make a reference as desired by the petitioners. On that day the petitioners gave an undertaking to the Court to pay such additional Court fees as may be found payable in respect of the said petition.