IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI


                    ITA 348/2002


           M/S GEMS & JEWELS                   ..... Appellant.
                                    Through  Mr.Subramonium Prasad
                                             with Mr.Abhay Kumar &
                                             Mr.R.Gopal Krishnan.
                               versus

           ASST COMMR. OF INCOME TAX           ..... Respondent
                                    Through  Mr.R.D.Jolly.

           CORAM:
           HON'BLE MR. JUSTICE D.K. JAIN
           HON'BLE MR. JUSTICE MAHMOOD ALI KHAN


                               O R D E R
                              -----------
                            10.12.2002

           CM.154/2002
                  Allowed, subject to just exceptions.
           ITA No.348/2002
                  Having heard learned counsel for the parties, we
           are  of  the view that the order of the  Tribunal  does
           involve a substantial question of law.
                  Admit.
                  The   following   question    is   framed    for
           adjudication:
                  "Whether  Rule  9B  of the  Income  Tax
                  Rules 1962 is applicable to the reissue
                  of rights in old films?"

                  The appellant shall file within three months ten
           copies  of the cyclostyled paper books, containing  all
           documents  on  which  reliance was placed by  both  the
           parties before the Tribunal.
                  The  appeal be listed for hearing in the regular
           course.
           CM.153/2002
                  There  is no ground to stay the operation of the
           impugned order.
                  Dismissed.

                                          D.K. JAIN, J



                                          MAHMOOD ALI KHAN, J
           DECEMBER 10, 2002
           'ss'