GANESH STEEL INDUSTRIES Vs. INCOME-TAX OFFICER

JUDGEMENT

(1.) THIS order will dispose of Civil Writ Petition Nos. 4488 and 4489 of 1978 which contain same questions of law. The facts in the judgment are being given from Civil Writ Petition No. 4488 of 1978.

(2.) BRIEFLY, the facts are that the petitioner is a partnership firm and is carrying on the business of manufacture of Saria Patti at Gobindgarh. It was established in the year 1972. It is registered under the I. T. Act, 1961 (hereinafter referred to as " the Act " ). Its accounting year starts from April 1 to March 31 of the subsequent year. The assessment year in the present case is 1975-76 for which the relevant previous year is 1974-75.

(3.) THE petitioner filed a return for the above-said assessment year on July 30, 1975, declaring an income of Rs. 1,00,740 but did not take into account the provisions of Section 80j of the Act. Consequently, a revised return was filed by it on October 25, 1975, declaring an income of Rs. 84,900 by taking into consideration Rule 19a (3) of the I. T. Rules (hereinafter referred to as " the Rules "), according to which from the aggregate of the amounts as ascertained under Sub-rule (2) could be deducted the aggregate of the amounts, as on the first day of the computation period, of borrowed money and debts owed by an assessee. The ITO, in pursuance of the revised return, allowed deduction of Rs. 15,840 as claimed by it under Section 80j of the Act.