COMMISSIONER OF INCOME TAX Vs. FORT GLOSTER INDUSTRIES LTD
LAWS(CAL)-1969-6-17
HIGH COURT OF CALCUTTA
Decided on June 04,1969

COMMISSIONER OF INCOME-TAX Appellant
VERSUS
FORT GLOSTER INDUSTRIES LTD. Respondents

JUDGEMENT

Sankar Prasad Mitra, J. - (1.) In this reference under Section 66(1) of the Indian Income-tax Act, 1922, the first question referred to this court is as follows: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount of wealth-tax paid by the assessee in the relevant previous years was allowable as a deduction under Section 10(2)(xv) of the Indian Income-tax Act, 1922 ?"
(2.) This question has to be answered in the negative in view of the Supreme Court judgment in Travancore Titanium Products Ltd. v. Commissioner of Income-tax, .
(3.) The next question runs thus : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 36,000 should be treated as part of the actual cost to the assessee of the new machinery acquired by it for the purpose of allowance of development rebate under Section 10(2)(vib) of the Income-tax Act, 1922 ? ";


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