Commissioner Of Income-Tax vs Hans Raj Gupta And Co. (P.) Ltd.
1990 Latest Caselaw 16 Del

Citation : 1990 Latest Caselaw 16 Del
Judgement Date : 11 January, 1990

Delhi High Court

Commissioner Of Income-Tax vs Hans Raj Gupta And Co. (P.) Ltd. on 11 January, 1990

Equivalent citations: 1990 183 ITR 72 Delhi

Author: B Kirpal

Bench: B Kirpal, C Chaudhary

JUDGMENT

B.N. Kirpal, J.

1. We have heard counsel for the parties and, in our opinion, the questions of which the petitioner seeks reference are questions of law inasmuch as they involve the interpretation of section 32A, and in the second question, the interpretation of section 40(c) and section 40A(5).

2.We, therefore, direct the Tribunal to state the case and refer the following questions of law to this court :

"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessed-company was entitled to investment allowance ?

"(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no disallowance should have been made under section 40A(5)/40(C) ?"

3. No order as to costs.

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