I. T. A. 561 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : I. T. A. 561 of 2007 Date of Decision : December 11, 2008. The Commissioner of Income Tax-III Ludhiana .... Appellant Vs. M/s Nahar Industrial Enterprises Ltd. Ludhiana .... Respondent CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Rajesh Sethi, Senior Standing Counsel for the Revenue. Mr. Sanjay Bansal, Senior Advocate with Mr. Prashant Bansal, Advocate for the respondent. * * * ADARSH KUMAR GOEL, J. (Oral) : 1. Learned counsel for the Revenue fairly states that as far as question no.1 is concerned, the same is covered against the Revenue by the judgment of Hon'ble Supreme Court in Deputy Commissioner of Income Tax vs. Core Health Care Ltd., [2008] 298 ITR 194 (SC). 2. As regards question no.2, learned counsel for the assessee submits that in previous year, this Court has, in order dated 25.02.2008 in ITA Nos.503, 370, 387 and 399 of 2007, affirmed the view taken by the I. T. A. 561 of 2007 2 Tribunal and on that account, no substantial question arises. 3. Learned counsel for the Revenue, however, submits that in the opening stock, the assessee has included excise duty and on that account, excise duty component has been included in the closing stock. 4. We do not find any such point having been raised in the `Grounds of Appeal' or before the Tribunal. 5. In view of above, following the earlier order of this Court in the case of the assessee, for the previous year referred to above, this appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE December 11, 2008 ( L. N. MITTAL ) monika JUDGE