TMI Blog2004 (10) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Finance Act is not satisfied and hence the assessee was not eligible/qualified to claim the benefit of development rebate by virtue of the notification dated May 28, 1971. – tribunal’s order is not sustainable - - - - - Dated:- 5-10-2004 - Judge(s) : A. M. SAPRE., ASHIM KUMAR TIWARI JUDGMENT The judgment of the court was delivered by A.M. Sapre J. - This is a reference made under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue (Commissioner of Income-tax), by the Tribunal to this court for answering the following question of law by this court which is said to arise out of the order of the Tribunal passed on September 17, 1993, in I.T.A. No. 662 and 663/Ind of 1998: "Whether, on the facts and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exure C), the Tribunal allowed the appeal and while setting aside the order passed by the Assessing Officer and the Commissioner of Income-tax (Appeals) granted the benefit of development rebate as claimed by the assessee in the relevant assessment year in question. It is against this order, the Revenue sought reference to be made to this court by the Tribunal. As observed supra, by order dated December 27, 1996, the Tribunal acceded to the prayer made by the Revenue in R.A. No. 294/Ind of 1993 and accordingly referred the aforementioned question of law to this court under section 256(1) of the Act for answer. This is how this reference has come to this court at the instance of the Revenue. Heard Shri R.L. Jain, learned counsel for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al which reads as under (see [1974] 94 ITR (St.) 33, 46): "16. (c) any machinery or plant (not being machinery or plant referred to in clause (b)) installed by any assessee after the 31st day of May, 1974, but before the last day of June, 1975, if the assessee furnishes evidence to the satisfaction of the Income-tax Officer that before the 1st day of December, 1973, he had purchased such machinery or plant or had entered into a contract for the purchase of such machinery or plant with the manufacturer or owner of, or a dealer in such machinery or plant, or had, where such machinery or plant has been manufactured in an undertaking owned by the assessee, taken steps for the manufacture of such machinery or plant." A mere perusal of sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid we cannot take any other date to be the basis for answering the reference except that date which is specifically mentioned in the question referred, i.e., December 28, 1973. This being a reference made at the instance of the Revenue, the assessee cannot ask this court to take into account any other date for answering the reference except the one which is specifically mentioned by the Tribunal in the question referred supra. It being a settled principle of law that this court in exercise of the powers conferred under section 256(1) of the Act cannot travel beyond the terms of the reference nor amend the question referred, but has to answer the reference on the basis of what is mentioned in the question itself. In this view of the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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