COMMISSIONER OF INCOME TAX Vs. A BAD MFG AND CALICO PRIN TING CO LTD
LAWS(GJH)-2008-1-35
HIGH COURT OF GUJARAT
Decided on January 29,2008

COMMISSIONER OF INCOME TAX Appellant
VERSUS
ABAD MFG. AND CALICO PRIN- TING CO. LTD. Respondents

JUDGEMENT

- (1.) INCOME Tax Appellate Tribunal, Ahmedabad Bench " C has referred the following two questions at the instance of the Revenue under section 256 (1) of the Income Tax Act, 1961 ('the Act' ). "whether, the Appellate Tribunal is right in law and on facts in holding that salary and wages payable under the award amounting to Rs. 20,10,000/- is an admissible deduction, though the said amount was neither paid to the employees nor it was debited in the accounts? whether , the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to allow the deduction claimed under Section 80-J of the Act on the amount of work in progress ?"
(2.) THE assessment year is 1977-78 and the relevant accounting period is the financial year ended on 31. 3. 1977. Mr. M. R. Bhatt learned Senior Standing Counsel appears for the applicant- revenue. Though served, there is no appearance on behalf of the respondent-assessee.
(3.) MR Bhatt has fairly invited attention to the decision of this Court in assessee's own case reported in (2000) 244 ITR 156 to submit that the first question stands answered by the aforesaid decision. Similarly, in so far as the second question is concerned, it was pointed out by Mr. Bhatt that the Apex Court's judgment in the case of Commissioner of Income Tax vs. Alocock Ashdown and Co. Ltd. , reported in (1997) 224 ITR 352 has concluded the issue.;


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