CONTINENTAL TOURIST HOME Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question in this reference is as to whether the payment of building tax by the assessee could be considered as business income or capital expenditure. This appears before us with regard to the assessment year 1985-86 in the context of the assessee who is running a tourist home and a bar at Thodupuzha. He paid an amount of Rs. 81,955 towards payment of building tax and claimed deduction contending that it is business income. This was not allowed by all the three authorities. THE Tribunal relied on its own decision in I. T. A. No. 578/Coch. of 1986, dated November 29, 1991.

(2.) THE questions that come up for consideration are as follows :

(3.) A copy of this judgment under the seal of this court and the signature of the Registrar shall be forwarded to the Income-tax Appellate Tribunal, Cochin Bench, for passing consequential orders.