DALMIA DADRI CEMENT LTD Vs. COMMISSIONER OF INCOME-TAX
LAWS(P&H)-1971-8-11
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 24,1971

DALMIA DADRI CEMENT LTD Appellant
VERSUS
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

- (1.) THE Income-tax Appellate Tribunal, Delhi Bench " B ", has referred the following questions of law for our opinion: " 1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to the deduction of a sum of Rs. 8,645 representing commission paid on borrowing shares for purposes of pledging them as security with the income-tax department for securing stay of recovery of certain taxes, in the computation of profits and gains of business of the assessee-company ?
(2.) WHETHER, on the facts and in the circumstances of the case, the assessee is entitled to the deduction of a sum of Rs. 6,174 being the legal expenses incurred by the company in the relevant previous year in connection with income-tax matters as a permissible deduction under the provisions of the Indian Income-tax Act, 1922 ?
(3.) WHETHER, on the facts and in the circumstances of the case, the Appellate Assistant Commissioner was competent to substitute the figure of Rs. 3,73,075 as the amount of loss carried forward from the assessment year 1959-60 in place of the sum of Rs. 5,60,148 shown by the Income-tax Officer in the assessment order ?;


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