TMI Blog1981 (4) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... under S. 263 of the Act is academic and does not call for a reference. - - - - - Dated:- 29-4-1981 - JUDGMENT The judgment of the court was delivered by PATHAK J.- The delay in filing the special leave petition is condoned. Having regard to the questions raised by the special leave petition, special leave to appeal is granted. The appellant is a limited company engaged in the manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferent view of the claim and referred the case to the Addl. Commissioner under s. 263 of the Act. Thus apprised, the Addl. Commissioner invoked his revisional powers in respect of the assessment order for the assessment year 1968-69 and, notwithstanding the evidentiary material placed before him by the appellant, rejected the claim of the appellant, holding that the manufacture of Nylon-6 was not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to interfere with it under s. 263 of the Income-tax Act, 1961 ? 2. Whether the Tribunal was right in law in holding that Nylon-6 is a petrochemical within the meaning of entry 18 of the Fifth Schedule to the Income-tax Act, 1961 ? " The appellant then applied to this court for special leave to appeal against the order of the High Court, and we have today granted special leave. The princip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate Tribunal that Nylon-6 is a " petrochemical " acquires finality, and, therefore, the question whether the Additional Commissioner had jurisdiction to interfere under S. 263 of the Act is academic and does not call for a reference. We allow this appeal, set aside the judgment dated 22nd March, 1978, of the High Court and dismiss the reference application. The appellant is entitled to its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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