DR. R. JAYACHANDRAN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The reference is at the instance of the assessee who has not appeared before us in person or through counsel. No arguments have been addressed in support of the reference.

(2.) The question referred is as to whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was not entitled to deduction under Sec. 32AB on the ground that he was not doing the eligible business or carrying on profession but the firm was carrying on the eligible business and hence was allowed deduction under Sec. 32AB.

(3.) Having perused the order of the Tribunal, we do not find any error therein. The deduction having been granted to the assessee who was carrying on eligible business, the claim for deduction once again by the partners of the business for their respective shares cannot be granted.