TMI Blog2008 (8) TMI 924X X X X Extracts X X X X X X X X Extracts X X X X ..... mmercial Bank Ltd. now reported in (2003) 262 ITR 55 (Bom.). The assessment years in question are 1983-84 and 1984-85. The following four questions of law said to be arising out of the order of the Income Tax Appellate Tribunal were referred to the High Court under Section 256(1) of the Income-tax Act, 1961, for its opinion: (1) Whether the Tribunal was right in law in allowing maint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same questions have been raised before us in this appeal as well. Questions nos.(1) and (2) have already been answered by the High Court in favour of the Revenue and against the assessee in view of the judgment of the High Court in the case of Citibank N.A., Bombay v. C.I.T. decided on 5th March 2003 vide Income-Tax Reference No.5 of 1994. Although these questions have been answered by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted either before the Tribunal or in the High Court as to whether the computers are plant or not. Since this point was also not raised, we do not permit learned ASG appearing for the Revenue to raise the point as to whether the computers are plant or not. The High Court has recorded a finding that data processing amounts to manufacture or production of article or thing. Learned ASG for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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