At that time the Tribunal followed the judgment of this Court in Camby Electric Supply Industrial Co. Ltd. v. Commissioner of Income tax, Gujarat II Subsequently the assessee filed an application under Section 256 2 of the Act relying upon the judgment of this Court in Rajapalayam Mills Ltd. v. Commissioner of Income tax and companytended that the earlier decision of the Tribunal should be modified in view of the ratio of the judgment of this Court in later case.
The Revenue, aggrieved by the said order of the Tribunal sought to have the two questions, mentioned earlier, referred to the High Court.
That companytention was accepted by and the Tribunal passed an order on 27th October, 1983 changing the earlier order by granting the benefit of development rebate and depreciation claimed by the assessee.
