ORGANON INDIA LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) In this case, the Tribunal has referred the following questions for our opinion :

(2.) Whether, on the facts and in the circumstances of the case and on a proper interpretation of the Income-tax Act, 1961, the Tribunal was right in holding that the surtax liability for the year could not be deducted in arriving at the total income under the Income-tax Act ?

(3.) Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 80J of the Income-tax Act, 1961, the Tribunal was right in holding that the written down value of the depreciable assets and not their original cost should be taken into account in computing the capital employed for the purpose of calculating the deduction allowed under the section ?"