1990-VIL-51-SC-DT

Equivalent Citation: [1991] 188 ITR 237

Supreme Court of India

Date: 04.12.1990

T STANES AND CO. LIMITED

Vs

COMMISSIONER OF INCOME-TAX

BENCH

Judge(s)  : K. RAMASWAMY. and KULDIP SINGH.

JUDGMENT

Civil Appeals Nos. 581-586 of 1976 : The following question was referred to the High Court by the Income-tax Appellate Tribunal under section 66(1) of the Indian Income-tax Act, 1922. (see CIT v. T. Stanes and Co, Ltd. [1976] 105 ITR 251, 257) :

"Whether, on the facts and in the circumstances of the case, the assessee would be entitled to claim as deductions the sums of Rs. 13,789, Rs. 16,587, Rs. 31,454, Rs. 44,622, Rs. 12,907 and Rs. 15,570 respectively, for the assessment years 1959-60 to 1964-65, or any part thereof under section 10(2)(xv) or under the corresponding provisions of section 37 of the Income-tax Act of 1961?"

Keeping in view of the peculiar facts and circumstances of this case, the High Court answered the question partly in favour of the Revenue in the following terms :

"We, accordingly, hold that (1) in respect of the assessment years 1959-60 and 1960-61, the sums of Rs. 13,789 and Rs. 16,587 are not allowable deductions under section 10(2)(xv) of the Act, and (2) except to the extent of Rs. 1,004, Rs. 5,070, Rs. 2,352 and Rs. 6,716 referable to the excess of amounts paid over and above the income of the fund and which was charged to the profit and loss account in the assessment years 1961-62, 1962-63, 1963-64 and 1964-65, respectively, the balance of the amount in these assessment years are not allowable deductions."

We have heard learned counsel for the parties. We have been taken through the reasoning of the High Court on the basis of which the above quoted answer was rendered. We see no infirmity in the same. There is, thus, no ground to interfere with the High Court judgment. The appeals are dismissed with no order as to costs.

Civil Appeals Nos. 3903-07 of 1983, 3897-3901 of 1983

In view of our order in Civil appeals Nos. 581-586 of 1976, these appeals are dismissed with no order as to costs.

 

DISCLAIMER: Though all efforts have been made to reproduce the order accurately and correctly however the access, usage and circulation is subject to the condition that VATinfoline Multimedia is not responsible/liable for any loss or damage caused to anyone due to any mistake/error/omissions.