COMMISSIONER OF INCOME TAX Vs. GRAPHITE INDIA LTD
LAWS(CAL)-1996-6-23
HIGH COURT OF CALCUTTA
Decided on June 20,1996

COMMISSIONER OF INCOME-TAX Appellant
VERSUS
GRAPHITE INDIA LTD. Respondents





Cited Judgements :-

COMMISSIONER OF INCOME TAX VS. DEEPAK NITRITE LIMITED [LAWS(GJH)-1998-6-36] [REFERRED TO]
BINANI CEMENT LTD. VS. COMMISSIONER OF INCOME TAX AND ORS. [LAWS(CAL)-2015-3-61] [REFERRED TO]


JUDGEMENT

Visheshwar Nath Khare, C.J - (1.)By this reference at the instance of the Revenue, the following questions have been referred by the Tribunal to this court under Section 256(2) of the Income-tax Act, 1961, for the assessment years 1981-82 and 1982-83 :
" 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to weighted deduction on export sales commission paid to Great Lakes Carbon Corporation Ltd., U. S. A., under Section 35B(1)(b)(viii) of the Income-tax Act, 1961"

(2.)Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amounts of Rs. 34,926 and Rs. 10,000 as well as Rs. 91,568 were allowable notwithstanding the provisions of Section 80VV of the Income-tax Act, 1961 ?
(3.)Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 1 lakh ? Additional question in R. A. No. 436/(Cal) of 1992 for the assessment year 1982-83 :
;


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