Rajan Industries vs Commissioner Of Income-Tax

JUDGMENT

1. Having heard learned counsel for the parties, we are of the view that question No. 2 as proposed by the assessee, is a question of law and that that does arise from the Tribunal's order dated April 23, 1987. We, therefore, direct the Tribunal to draw up a statement of the case and refer the following question for the opinion of this court:

"Whether, on the facts and circumstances of the case, the Tribunal is justified in remanding the case when the Commissioner of Income-tax (Appeals) has deleted the addition made on the basis of the report of estimate of stock found by the inspector ?"

2. The application is allowed partly.