IN THE HIGH COURT OF DELHI AT NEW DELHI
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ITA 1022/2006
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SRF LTD. ..... Appellant
Through
Mr.S.Ganesh, Sr.Advocate with
Mr.Satyen Sethi, Advocate
versus
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COMMISSIONER OF INCOME TAX DEL ..... Respondent
Through
Mr.Sanjeev Sabharwal, Advocate
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CORAM:
HON'BLE MR. JUSTICE VIKRAMAJIT SEN
HON'BLE DR. JUSTICE S. MURALIDHAR
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O R D E R
14.11.2006
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Heard.
Admit.
After hearing learned counsel for the parties, the following substantial
questions of law are framed for determination:-
(i)Whether on facts and circumstances of the case and in law, Tribunal was right
in upholding reopening of assessment under Section 148 of the Act for the reason
that excise duty embedded in closing stock did not include advance payment of
excise duty in PLA and as such, income chargeable to tax had escaped assessment?
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ITA 1022/2006 Page 1 of 2
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(ii) Whether advance excise duty in PLA, which was not relatable to stock of
finished goods, was includible in valuation of closing stock, particularly in
the light of Berger Paints India Ltd. vs. Commissioner of Income Tax, [2004] 266
ITR 99?
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Paper books be filed in accordance with High Court Rules.
List in due course.
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VIKRAMAJIT SEN, J
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S. MURALIDHAR, J
NOVEMBER 14, 2006
nj
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ITA 1022/2006 Page 2 of 2
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73
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