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1986 Supreme(Cal) 256

DIPAK KUMAR SEN, MONJULA BOSE
UNION CARBIDE INDIA LTD. – Appellant
Versus
COMMISSIONER OF INCOME TAX – Respondent


Advocates Appeared:
D.PAL, M.L.Bhattacharya, MANISHA SEAL, P.K.PAL

DIPAK KUMAR SEN, J.

( 1 ) IN this reference under Section 256 (1) of the Income-tax Act, 1961, the following questions have been referred as questions of law arising out of the order of the Tribunal for the opinion of this court:" (1) Whether, on the facts and in the circumstances of the case, the sum of Rs. 5,57,251 was allowable as a revenue loss having regard to the provisions of Section 43a of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case, the capital employed should mean the cost of acquisition (not written down value) of the assets and also the liabilities and the borrowed moneys for the purpose of relief under Section 80j in respect of the assessee's Deep Sea Fishing Division ? (3) Whether, on the facts and in the circumstances of the case, depreciation should be allowed in respect of assets used by the assessee for scientific research ? (4) Whether, on the facts and in the circumstances of the case, fees of Rs. 2,25,000 paid to the Registrar of Companies in connection with the increase of the authorised capital of the company is capital expenditure and, therefore, not allowable under Section 37 of the Income-tax Act? (5) Whether,








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