IN THE HIGH COURT OF DELHI AT NEW DELHI 
 . 
         ITA 550/2005  
 . 
 COMMISSIONER OF INCOME TAX          ..... Petitioner 
 Through :       Ms. P.L. Bansal,  Adv. with 
 Mr. Vishnu Sharma, Adv. 
 versus 
 . 
 M/S MODI RUBBER LTD.                ..... Respondent 
 Through :       Mr. S.K. Aggarwal, Adv. 
 . 
 CORAM: 
 HON'BLE MR. JUSTICE T.S. THAKUR 
 HON'BLE MR. JUSTICE B.N.CHATURVEDI 
 . 
 O R D E R 
                             22.11.2005 
 CM No.10290/2005 
 Heard.  Exemption is allowed subject to just exceptions. 
 CM No.10290/2005 is disposed of. 
 CM No.10291/2005 
 Heard.  For the reasons stated in the application delay in 
 refiling the appeal is condoned. 
 CM No.10291/2005 is disposed of. 
 ITA No.550/2005 
 ADMIT. 
 The Following substantial question of law is formulated for 
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 ITA No.550/2005              page  1 of 2 
 determination: 
 ? Whether ITAT was  right in holding that customs duty, excise  duty  and other 
 duties paid  on the finished goods, raw material and spare parts  etc. should 
 not be  included  in the  value of the closing stock to give full effect to 
 Section 43 (B) of the  Income Tax Act, 1961?? 
 The appellant shall file within three months the requisite number 
 of paper books in accordance with High Court Rules. 
 Post for hearing alongwith ITA No.189/2001 in due course. 
 . 
 . 
 T.S. THAKUR, J 
 . 
 . 
 B.N.CHATURVEDI, J 
 NOVEMBER 22, 2005 
 sa 
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 ITA No.550/2005              page  2 of 2 
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