SATYANARAYANA PUBLISHING HOUSE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE question referred for our opinion is as under :

(2.) THE facts necessary for answering the question are these : THE assessee is a firm known as Messrs. Sri Satyanarayana Publishing House, Rajahmundry. For the assessment year 1971-72 the assessee claimed a deduction of 20% of the income under Section 80QQ of the Act on the sales, printing and publication of books. THE ITO disallowed the deduction claimed on the ground that the books published by him are not of the type of books which are entitled to deduction under the provisions of Section 80QQ. That view of the ITO was not upheld by the AAC. Hence, the revenue preferred an appeal to the Tribunal and the Tribunal, on the ground that the books printed and published by the assessee were not of enduring value, reversed the order of the AAC and restored the order of the ITO. THE assessee, therefore, had the case referred to this court under Section 256(f) of the I.T. Act. THE short question, therefore, is whether the assessee is entitled to the benefit of Section 80QQ of the Act which is, to the extent relevant, in these terms :