Commissioner Of Income Tax vs Bharat Commerce & Industries Ltd.
1987 Latest Caselaw 206 Del

JUDGMENT

S. Ranganathan, J. - We have heard both the counsels and we are of opinion that the first two questions on which reference is sought should be directed after slightly modifying the questions and consolidating them also. We direct the Tribunal to state a case and refer the following question for the decision of this Court :

"Whether on the facts and in the circumstances of the case the assessed is entitled to the deductions of the sums of Rs. 1,65,860 and Rs. 25,000 as revenue expenditure ?"

2. So far as the third question is concerned we think that it also raises a matter of principle which should be referred. We, therefore, direct the Tribunal to state a case and refer the following question also :

"Whether on the facts and in the circumstances of the case the Tribunal was justified in permitting the assessed to raise the question regarding weighted deduction in respect of the sum of Rs. 1,90,860 ?"

3. We may also mention that while submitting statement of the case the Tribunal should also enclose a copy of its order for the asst. yr. 1973-74 on which it has placed reliance in disposing of the appeal for this year.

4. This petition is disposed of. No order as to costs.