COMMISSIONER OF INCOME TAX Vs. KOHINOOR FLOUR MILLS PRIVATE LIMITED
LAWS(SC)-1990-11-71
SUPREME COURT OF INDIA
Decided on November 22,1990

COMMISSIONER OF INCOME TAX Appellant
VERSUS
KOHINOOR FLOUR MILLS PRIVATE LIMITED Respondents


Referred Judgements :-

COMMISSIONER OF INCOME TAX VS. KOHINOOR FLOUR MILLS [AFFIRMED]



Cited Judgements :-

COMMISSIONER OF INCOME TAX VS. AMRIT BANASPATI CO LTD [LAWS(ALL)-2005-5-34] [REFERRED TO]


JUDGEMENT

- (1.)The following question was referred by the tribunal for the opinion of the High court:
"Whether, on the facts and in the circumstances of the case, the tribunal erred in law in holding that Rs. 1,83,000.00 paid by the assessee on 26.03.1965, should be treated as valid advance tax and should be deducted from 75 per cent. of the tax determined for arriving at the basis for imposing the penalty u/s. 273(b) of the Income-tax Act, 1961 -

(2.)We have heard Mr. B. B. Ahuja, learned counsel for the Revenue. He has taken us through the Judgement of the High court (CIT V/s. Kohinoor Flour Mills, 1975 99 ITR(Guj) 54 and various other documents on the record. The High court, in a detailed discussion of various provisions of the Income-tax Act, has come to the conclusion that the assessee was entitled to claim the deduction of payment of tax of Rs. 1,83,000.00 made on 26.03.1965, for arriving at the basis for imposing penalty. The question was answered in the negative and against the Revenue. We agree with the reasoning and the conclusion reached by the High court. The appeal is, therefore, dismissed with no order as to costs.
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