ASSAM OIL COMPANY LIMITED Vs. COMMISSIONER OF WEALTH TAX CENTRAL CALCUTTA
LAWS(SC)-1971-9-54
SUPREME COURT OF INDIA
Decided on September 23,1971

ASSAM OIL COMPANY LIMITED Appellant
VERSUS
COMMISSIONER OF WEALTH-TAX (CENTRAL CALCUTTA) Respondents

JUDGEMENT

Hegde, J. - (1.) The question of law referred to the High Court under Section 27 of the Wealth-tax Act, 1957 in all these appeals are more or less identical. It is sufficient if we refer to one of those questions. It reads:"Whether on the facts and in the circumstances of the case the provision of Rs. 2,99,21,841/- made by the assessee for its tax liability less the amount of the last instalment of advance tax constituted a debt owed by the assessee within the meaning of Clause (m) of Section 2 of the Wealth-tax Act on the relevant valuation date -
(2.) The High Court has answered these questions in favour of the revenue but in view of the decision of this Court in Kesoram Industries and Cotton Mills Ltd. v. Commr. of Wealth-tax (Central) Calcutta, 59 ITR 767 the conclusion reached by the High Court cannot be accepted as correct.
(3.) In the result Civil Appeal No. 1404/1970 and Civil Appeal No. 1471 of 1971 are allowed the answer given by the High Court to the questions referred to it are discharged and in its place we answer those questions in favour of the assessee. There will be no order as to costs.;


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