IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI


                    ITA 35/2002


          THE COMMISSIONER OF INCOME TAX DELHI-IV .... Appellant
                                   Through  Mr.R.D.Jolly


                              versus

          M/S D.C.M. LTD.                     ..... Respondent
                                   Through  Mr.S.K.Aggarwal with
                                            Mr.Vinay Vaish


          CORAM:
          HON'BLE MR. JUSTICE D.K. JAIN
          HON'BLE MS. JUSTICE SHARDA AGGARWAL


                              O R D E R
                             -----------
                            24.09.2002

                 Heard.
                 Admit.
                 The   following   question    is   framed    for
          adjudication.
                 "Whether  the  Tribunal was right  in
                 holding  that  there was no  transfer
                 within  the  meaning of S.32 A(5)  of
                 the   Act   under   the   Scheme   of
                 Arrangement  of the assessee  company
                 and, therefore, the Assessing Officer
                 erred  in withdrawing the  investment
                 allowance   granted   earlier   under
                 Section 155 (4A) of the Act"?

                 The appellant shall file within three months ten
          copies  of the cyclostyled paper books, containing  all
          documents  on  which  reliance was  placed  before  the
          Tribunal,  including  any order/orders, either  in  the
          case  of  the assessee itself or in case of  any  other
          assessee, which has been followed by the Tribunal.
                 The  appeal be listed for hearing in the regular
          course.



                                         D.K. JAIN, J



                                         SHARDA AGGARWAL, J
          SEPTEMBER 24, 2002
          ps