COMMISSIONER OF INCOME TAX Vs. GAYATRI DEVI SMT

JUDGEMENT

(1.) These two applications are being disposed of by a common order as they seek to raise identical questions on the same facts.

(2.) The applications pertain to the assessment years 1982-83 and 1983-84. The Income-tax Officer had disallowed the assessee's claim for payment of interest on borrowings for payment of income-tax and other taxes as a permissible deduction. On appeal, the claim was allowed by the Appellate Assistant Commissioner. The Department's appeals against this order were dismissed by the Tribunal. While dismissing the appeals of the Department, the Tribunal merely adopted the reasons given in its earlier orders dismissing the Department's appeals with respect to the earlier assessment years, namely, 1975-76, 1976-77, 1977-78 and 1980 81, raising the same issues. In its earlier order, the Tribunal had held that the deductions claimed by the assessee of interest paid on monies borrowed for payment of income tax, etc., were legally admissible and hence rightly granted by the Appellate Assistant Commissioner.

(3.) It is not disputed that the question sought to be referred by means of these applications is the same on which it has already been referred by the Revenue under Section 256(1) with respect to the earlier assessment years referred to above.