SIR KAMESHWAR SINGH Vs. COMMR OF INCOME TAX

JUDGEMENT

(1.) Under Section 66 (2), Income-tax Act, 1922, on the requisition of the High Court, the Income-tax Appellate Tribunal has stated a case and referred it for the opinion of the High Court on the following questions of law:

(2.) The assessment year 1950-51, and, the relevant accounting year is 1356 Fasli, which corresponds to 19-9-1948 to 7-9-1949. The assessee was assessed under Section 23 (3), of the Act by the Income-tax Officer, Special Circle, on 26-3-1951, on a total income of Rs. 15,73,941. On appeal, this assessment was confirmed by the Appellate Assistant Commissioner with certain modification on 28-5-1953. Against this order, the assessee as well as the Income-tax Department both appealed to the Tribunal, which disposed of both the appeals on 12-4-1954, allowing partly both the appeals. The assessee claimed certain deductions under Section 12 (2) of the Act. The questions of law, which have been referred for decision of the High Court, relate to the deductions, which have been disallowed as claimed by the assessee.

(3.) On this reference, therefore, we are only concerned, if the assessee is entitled to deductions under S, 12 (2) of the Act on account of the different items mentioned in the questions formulated by the Tribunal.