BIRLA BROTHERS PRIVATE LTD Vs. COMMISSIONER OF INCOME TAX CENTRAL CALCUTTA
LAWS(CAL)-1963-7-17
HIGH COURT OF CALCUTTA
Decided on July 18,1963

BIRLA BROTHERS PRIVATE LTD Appellant
VERSUS
COMMISSIONER OF INCOME TAX CENTRAL CALCUTTA Respondents


Cited Judgements :-

COMMISSIONER OF INCOME TAX VS. JANANAMANDAL LIMITED [LAWS(ALL)-1973-8-31] [REFERRED TO]
BUNGALOW PLOT OWNERS VS. STATE OF MAHARASHTRA [LAWS(BOM)-1983-4-40] [REFERRED TO]


JUDGEMENT

- (1.)THIS is a Reference under section 66 (1)of the Indian Income-tax Act. The assessee is a private limited company. It closes its account on the Rath Jatra day every year, and the accounting years in respect of the assessment years 1963-54 and 1954-55 were years ending on the 23rd June 1952 and the 12th July, 1953.
(2.)IN the year ending upon June 23, 19152, the assessee's Profit and Loss Account disclosed a profit of Rs. 2,38,570/ -. In arriving at that profit, the following items of expenses were written off through the revenue accounts: JUDGEMENT_315_TLCAL0_1963Html1.htm . In returning the income to the Income-tax Officer, the assessee company added these amounts to the disclosed profit and returned an income of Rs. 12,75,466/ -.
(3.)IN the accounting year ending upon July 12, 1953, the assessee's Profit and Loss Account disclosed a profit of Rs. 8,17,017/ -. This profit was arrived at by writing off certain expenses under the following heads: JUDGEMENT_315_TLCAL0_1963Html2.htm In this year also in returning the total income, the assessee added these amounts to the disclosed profit according to the accounts.


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