COMMISSIONER OF INCOME TAX Vs. BUILDWELL ASSAM P LIMITED

JUDGEMENT

(1.) THE ITO assessed the taxpayer, a private limited company. THE assessee had claimed before him that it was entitled to certain deductions under Chap. VI-A of the I.T. Act, 1961. THE ITO partly allowed rebates/deductions under Sections 80I and 80J but disallowed deduction under Section 80G of " the Act " in its entirety. THE assessee appealed against the order of disallowance of the deductions under Section 80G and the method of computation adopted in granting deductions under Section 80J. No other point was taken. However, at the hearing, the latter ground was not pressed. THE Appellate Assistant Commissioner, hereinafter referred as " the AAC" rejected the line of reasoning of the ITO and and concluded: "......the claim for deduction under Section 80G(1) cannot be completely disallowed."

(2.) THOUGH the assessee did not complain against deductions under Section 80I and 80J of the Act, the AAC made the following observations thereto and fashioned the final orders thus :

(3.) WE have alluded the cognate and intrinsic facts necessary to decide the precise questions of law involved in the reference.