CIT vs. TRIVENI ENGG. WORKS LTD

----------- 11.09.2002

Heard. The following question is framed for adjudication. Whether the Income Tax Appellate Tribunal was justified in law in holding that the amount/benefit received by the assessee under the Sampath Incentives Scheme was a capital receipt and thus not exigible to tax.

In so far as question `C' is concerned, it is very vehemently stated by Mr.Jolly, learned Senior Standing Counsel, that the same does not arise out of the order of the Tribunal and need not be framed. It is ordered accordingly. 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 11, 2002 ps