B.P. Jeevan Reddy, C.J. - (1.) UNDCR Section 250(1) of the Income-tax Act, 1961, the Tribunal lias stated the following question : "Whether, on the facts and in the circumstances of the case, there were variations in the orders of the Tribunal in the case of Hindu undivided family and the individual regarding the claim of exemption under Section 80K in respect of the dividend from J. K. Synthetics Ltd. ?"
(2.) AN assessee is a Hindu undivided family. The assessment year concerned is 3973-74. The assessee holds certain shares in a company, viz., J.K. Synthetics Ltd. It has been deriving dividend income therefrom. In its return, the assessee claimed certain amount by way of deduction under Section 80K of the Income tax Act. This was disallowed by the Income-tax Officer on the ground that the assessee had not filed the relevant certificate. On appeal, this order was affirmed. The Appellate Assistant Commissioner held that, in the absence of a certificate, it was not possible for the Income-tax Officer to verify the said deduction and, without such verification, the petitioner's claim could not have been allowed. On further appeal, the Tribunal referred to certain earlier orders of its own and disposed of the appeal in the following words : "and, accordingly, direct the Income-tax Officer to allow relief to the assessee after ascertaining the fact that the company is entitled to the benefit of deduction under Section 80J." It is thereupon that the present reference was obtained by the assessee. We are unable to see any error in the order of the Tribunal. Unless it is first ascertained that the company, viz., J. K. Synthetics Ltd., is entitled to the benefit of deduction under Section 80J, the petitioner's claim for deduction under Section 80K of the Income-tax Act could not have been allowed and this is all that the Tribunal says. Now, so far as the question referred is concerned, we are unable to see how it can be said to arise from the order of the Tribunal. Be that as it may, it is unnecessary for us to dilate on this aspect inasmuch as the order of the Tribunal is perfectly a justified one ; it shall be acted upon by the Income tax Officer. In the circumstances, we decline to answer the question referred but hold that the direction made by the Tribunal was a perfectly legal and justified direction. The reference is answered accordingly.
(3.) NO order as to costs.;