Allahabad H.C : Whether, in law and on the facts of the case, the Tribunal was justified in confirming the CIT (A)’s decision allowing the assessee’s claim of Rs. 2,14,694 on account of interest on excess collection of levy sugar price ?

Counsel Appeared

Standing Counsel, for the Revenue

BY THE COURT :

By these applications, the Revenue requires us to direct the Tribunal to draw up a statement of the case and refer two questions.

2. So far as question No. 1 is concerned, the same was decided against the Revenue by a Full Bench of this Court in Triveni Engineering Works Ltd. vs. CIT (1984) 38 CTR (All) 107 : (1983) 144 ITR 732. We, therefore, hold that question No. 1 is not a statable question and we, therefore, refuse to give any direction to refer the same. 3. So far as question No. 2 is concerned, in our view, the same is a question of law and we, therefore, direct the Tribunal to draw up a statement of the case and refer the following question for the opinion of this Court :

“Whether, in law and on the facts of the case, the Tribunal was justified in confirming the CIT (A)’s decision allowing the assessee’s claim of Rs. 2,14,694 on account of interest on excess collection of levy sugar price ?”

4. The applications are partly allowed.

[Citation : 176 ITR 120]