The Commissioner of Income Tax v. the Indian Card Clothing Co.Ltd
Case brief
What is this about?
This appeal under section 256(1) of the Income-Tax Act permitted a reference of legal questions to the High Court. The tribunal was justified in deeming the issue debatable in light of findings in Chase Bright of Century Steel Ltd. and Spinning and Mfg. Co.
What did the court decide?
The application seeking reference is rejected with no order as to costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION.
INCOME TAX APPLICATIION NO. 25 OF 1999.
The Commissioner of Income-tax II, Pune.. Applicant. vs. The Indian Card Clothing Co.Ltd. ... Respondents.
Mr. Ashok Kotangale for the Applicant.
Mr. Pramod Vaidy for the respondents.
CORAM : V.C.DAGA & J.P.DEVADHAR,JJ. DATED : 13.6 .2006.
P.C. :
. Heard rival parties.
. This application is filed under section 256 (1) of the Income Tax Act, 1961, raise following
questions of law for reference to this Court by the
Tribunal.
. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the prima facie addition on account of expenditure on maintenance of guest house, when the provisions of section 37(4) of the Income-tax Act, clearly disallow such expenditure?"
Issues for consideration
1 issue framed by the court
Whether the Tribunal was justified in law in deleting the prima facie addition on expenditure for guest house maintenance despite section 37(4) disallowance.
Parties & counsel
- applicant
The Commissioner of Income-tax II, Pune
- respondent
The Indian Card Clothing Co. Ltd.
Coram
V.C. Daga
Case details
As recorded by the court registry
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