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1968 Supreme(Del) 148

S.K.KAPUR, T.V.R.TATACHARI
ORISSA CEMENT LIMITED – Appellant
Versus
COMMISSIONER OF INCOME TAX, (DELHI CENTRAL) – Respondent


Kapur, J.

( 1 ) BY a consolidated statement of case made at the instance of both the assessee and the Commissioner of Income-tax, the Income-tax Appellate Tribunal, (Delhi Bench "a") has referred the following five questions to the Court :-

" (I) Whether on the facts and circumstances of the case, wealth-tax of Rs. 85,835. 40 (as finally determined under Wealth-tax Act) paid for 57-58 Wealth-tax assessment under the Wealth-tax Act, 1957, is allowable against profits and gains of the company s business under section 10 (1) or 10 (2) (xv) of the Indian Income-tax Act, 1922" ?

(II) Whether on the facts and circumstances of the case the sum of Rs. 1,00,000. 00 being contribution to the Congress party is an allowable deduction under section 10 (1) or 10 (2) (xv) of the Income Tax-Act, 1922?

(III) Whether the levy of excess dividend tax by withdrawal of Corporation tax rebate can be made and collected under the Income-tax Act, 1922 ?

(IV) Whether on the facts and circumstances of the case the legal charges of Rs. 1,10,138. 00 incurred for obtaining loan from Industrial Finance Corporation are allowable in the computation of profits and gains of the business of the assessee ?

(V) Whether on th

















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