COMMISSIONER OF INCOME TAX Vs. KESHORAM INDUSTRIES LTD

JUDGEMENT

(1.) At the instance of the Revenue, the Income-tax Appellate Tribunal (the "ITAT"), as directed has drawn up a statement of case and referred the following questions of law arising out of its order in I. T. A. No, 537 (Cal) of 1989 pertaining to the assessment year 1974-75 :

(2.) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to relief under section 80G on the donation of Rs. 1,57,500 when the same was not claimed in the original return and was not allowed accordingly ?

(3.) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in affirming the Commissioner of Income-tax (Appeals) direction to carry forward the correct amount of deficiency under section 80J(3) of the Income-tax Act, 1961, when the Assessing Officer had already allowed in the original assessment order of the assessee such deficiency to be carried forward ?"