TMI Blog1996 (6) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... nd raised by the assessee before him relating to the levy of interest under section 215 of the Income-tax Act especially in the light of the fact that a number of other questions is, involved in the appeal ? " The above two questions were referred to us at the instance of the assessee. The assessment years in question are 1972-73 and 1975-76. The short facts leading to the making of the above references can be stated thus : The assessee is a public limited company known as "The Travancore Electro Chemical Industries Limited, Chingavanam". For the assessment years 1972-73 and 1975-76 assessments were reopened by the Income-tax Officer under section 147(b) of the Income-tax Act on the basis of the information subsequently received from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectrical sub-station was a separate unit answering the description in entry III of the depreciation schedule and, therefore, it could not be treated as an integral part of the calcium carbide plant and was not eligible for extra shift allowance. In view of the above order, the assessee filed an application for reference before this court as O. P. No. 1228 of 1982 for the assessment years 1973-74 and 1974-75 and this court by judgment dated January 28, 1985, directed the Tribunal to state a case and refer the question of law. It is in pursuance of that order that the first question referred to above comes up for decision before us. For the assessment year 1975-76, the assessee paid advance tax of Rs. 26,29,820 on December 24, 1974, and Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee and also senior standing counsel for the Revenue. At the time of hearing, counsel on both sides uniformly submitted that a Division Bench of this court in I. T. R. Nos. 593 and 594 of 1985 in Travancore Electro Chemical Industries Ltd. v. CIT [1997] 224 ITR 273, had answered the question similar to the first question referred in this case in favour of the assessee. It is appropriate to extract the operative portion of the judgment in the above case : "We, therefore, hold that the electrical sub-station attached to the Travancore Electro Chemical Industries Ltd., is part of its main plant and machinery and it cannot be treated as an item coming under item (iv) of entry III of Part I of Appendix I disentitling the assessee to claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of the amount is not on the part of the assessee and in that situation we feel it unnecessary to direct the Tribunal to decide that question once again, When the facts are absolutely clear there is no room to have a different view at all in the circumstances of the case. Learned counsel for the assessee has brought to our notice the decision of the Supreme Court in Jute Corporation of India Ltd. v. CIT [1991] 187 ITR 688, wherein it has been held that : "An appellate authority has all the powers which the original authority may have in deciding the question before it subject to the restrictions or limitations, if any, prescribed by the statutory provisions. In the absence of any statutory provision, the appellate authority is vested w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
