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1973 Supreme(Cal) 223

A.N.SEN, S.K.HAZARI
COMMISSIONER OF INCOME-TAX (CENTRAL) – Appellant
Versus
EMPIRE JUTE COMPANY LTD. – Respondent


Advocates Appeared:
A.K.ROY, A.K.SEN GUPTA, B.L.PAL, K.ROY, SUKUMAR BHATTACHARJI

A. N. SEN, J.

( 1 ) IN this reference under Section 66 (1) of the Indian Income-tax Act, 1922, the following question of law has been referred to this court:"whether, on the facts and in the circumstances of case, the Tribunal was right in holding that the sum of Rs. 2,03,255 paid by the assessee for the purchase of loom hours was revenue expenditure and hence deductible under Section 10 (2) (xv) of the Indian Income-tax Act, 1922 ?"

( 2 ) THE facts of the case have been full)'' set out in the statement of the case and they may be briefly indicated.

( 3 ) THE respondent, assessee-company, carries on business of jute manufacture and is a member of the Indian Jute Mills Association, The Indian Jute Mills Association is registered under the Indian Trade Unions Act (Act XVI of 1926) with its registered office at Calcutta. The objects of the association, inter alia, are :1. (a) to protect, forward and defend the trade of members of the association; (b) to impose restrictive conditions on the conduct of the trade ; (c) to adjust the production of the mills in the membership of the association to the demand in world market; (d) to arbitrate on matters in dispute. 2. (a) to protect the m

































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