IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI


                    ITA 92/2002


          COMMISSIONER OF INCOME TAX CEN      ..... Appellant
                                   Through Mr.Sanjiv Khanna
                                with Mr.Ajay Jha, Advocates

                              versus

          JAGATJIT INDUSTRIES LTD.            ..... Respondent
                                     Through Mr.Satyen Sethi
                              with Mr.Manu K.Giri, Advocates


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


                              O R D E R
                             -----------
                            30.10.2002

                 Having heard learned counsel for the parties, we
          are of the view that a substantial question of law does
          arise from the order of the Tribunal.
                 Admit.
                 The  following  question  of law is  framed  for
          adjudication:

                 "Whether  the Tribunal was legally  correct
                 in holding that any amounts attributable to
                 the discount to retailers;  stockist prizes
                 and  discount  to  customers  do  not  fall
                 within  the ambit of Section 37 (3A) 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
                                                    ...contd/-
                                   : 2 :            [ITA 92/02]

          case  of  the assessee itself or in case of  any  other
          assessee, which has been followed by the Tribunal.
                 The  appeal  shall be listed for hearing in  the
          regular course.



                                               D.K. JAIN, J




                                         SHARDA AGGARWAL, J
          OCTOBER 30, 2002
          "v"