BRAKES INDIA LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) AT the instance of the assessee, the Tribunal referred the following three questions for the opinion of this Court under s. 256(1) of the IT Act, 1961 :

(2.) INSOFAR as question No. 3 is concerned, the point that arises for consideration is whether surtax paid by the assessee can be claimed as a deduction while computing the total income of the assessee under the IT Act ? Such a deduction is not possible in view of the decision of this Court rendered in the case of Sundaram Industries Ltd. vs. CIT (1986) 159 ITR 646 (Mad) : TC 18R. 198. Inasmuch as the order passed by the Tribunal is in conformity with the above said decision cited supra, we answer the question referred to us in the negative and against the assessee.