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1988 Supreme(P&H) 579

S.S.SODHI, G.C.MITTAL
Highway Cycle Industries Ltd. – Appellant
Versus
Commissioner Of Income-tax – Respondent


Judgment

Gokal Chand Mital, J.

1. The Income-tax Appellate Tribunal, Amritsar, has referred the following question for the opinion of this court:

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the disallowance of the assessees claim for surtax liability while computing its taxable income for the assessment year 1974-75 ?"

2. The matter is covered in favour of the Revenue and against the asses-see by a large number of decisions of various High Courts and the latest three decisions are Simon Carves India Ltd. v. CIT [1988] 173 ITR 660 (Cal), S. L. M. Maneklal Industries V. CIT [1988] 172 ITR 176 (Guj) and Organon (India) Ltd. v. CIT [1988] 172 ITR 354 (Cal). Following the law laid down in these three decisions, we answer the question in the affirmative leaving the parties to bear their own costs.

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