IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI


                    ITA 57/2002


          KRISHAK BHARATI COOP. LTD.          ..... Appellant.
                                   Through  Mr.Manmohan Singh
                                            Advocate.
                              versus

          COMMISSIONER OF INCOME TAX          ..... Respondent
                                   Through  Ms.Premlata Bansal.
                                            Advocate.

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


                              O R D E R
                             -----------
                            28.08.2002

                 Heard.
                 Admit.
                 The  following  questions of law are framed  for
          adjudication:
          "1.     "Whether the Tribunal erred in holding
                  that   the  Assessing    Officer   was
                  justified  in invoking Section 154  of
                  the   Income   Tax   Act,   1961   and
                  rectifying  his  order  dated  12  May
                  1995?

          2.      Whether while calculating the eligible
                  business  profits for the purposes  of
                  deduction  under  Section 80I  of  the
                  Income  Tax Act, 1961 the assessee  is
                  entitled   to   include   a   sum   of
                  Rs.91,32,404,   the   amount  actually
                  contributed  in  the  assessment  year
                  1992-93  to the Cooperative  Education
                  Fund  under  Section 61(1)(b)  of  the
                  Multi State Cooperative Societies Act,
                  1984?

          3.      Whether  the Tribunal was justified in
                  holding  that the contribution to  the
                  Cooperative  Education Fund was not  a
                  cess  falling  within the  purview  of
                  Section  43B  of the Income  Tax  Act,
                  1961?"

                 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
          AUGUST 28, 2002
          'ss'