COMMISSIONER OF INCOME TAX Vs. ASHOK LEYLAND LIMITED

JUDGEMENT

(1.) ALL these references have been made by the Tribunal at the instance of the Commissioner of Income-tax, Tamil Nadu-III, Madras. In T.C.Nos. 459 of 1975 and 241 to 250 of 1976, the following question has been referred :

(2.) IN T.C. Nos. 452 of 1975, 220, 221 and 222 of 1976, the questions referred are as follows :

(3.) THEREFORE, in determining the allowability of the amount, we have to be guided only by the terms of the agreement under which the amount was paid. We have earlier given the substance of the agreement entered into between the assessee and Leyland Motors, U.K., on December 5, 1965. Two clauses of the agreement appear to be material to appreciate the point in controversy before us and we, therefore, reproduce these two clauses.