TRANSPORT COMPANY PRIVATE LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE questions referred to us are :

(2.) WHETHER Rs. 1,029, Rs. 1,836, Rs. 2,792 and Rs. 5,987 incurred in the other five suits aforesaid on any part thereof are deductible in the assessment of 1945-50, 1950-51, 1952-53 and 1953-54 respectively under section 10(2)(xv) ?"

(3.) "This passage sets out the scope of the two alternative reliefs the assessee asked for in O.S. No. 80 of 1946. One was the specific performance of the agreement between the assessee and the Tirunelveli Motor Bus Service Co. to allot 410 shares to the assessee company in the Tirunelveli Motor Bus Service Co. The alternative relief asked for was based on the plea that that contract had been rescinded in which case the assessees claim would be one based on his original title to the 14 buses and their route rights."