- (1.) The following question has been referred for the opinion of this Court: Whether on the facts and in the circumstances of the case the Hon ble ITAT was correct in law in holding that only net income after deduction under Chapter VI-A and Section 80L in particular was incudible on account of Section 64(1A) of the I. T. Act, 1961
(2.) From the side of the appellant department, reliance has been placed on the decision of a Division Bench of the Madras High Court in the case of C.I.T. v. P.N. Ramaswamy reported in . In that case, the Madras High Court has held that deductions would not be allowed under Section 80L to the wife of the assessee before the income of the wife was clubbed to be income of the assessee under Section 64(1)(iii). The reason given by the Madras High Court is that deductions under Section 80L are available only to an "assessee", and in the case being decided by the Madras High Court, the wife was not an assessee and only her husband was an assessee .
(3.) On the same logic, the ITAT Delhi B Bench has taken a similar view in the case of Income Tax Officer v. Kuldeep Jain in ITA No. 100/Del/1995 decided on 2.1.2002. The said decision has been reported in (2004)89TTJ (Del) 276 : (2002)81 ITD 379 (Del).;