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Petitioner: HIGHWAY CYCLE INDUSTRIES LTD. VS Respondent: COMMISSIONER OF INCOME-TAX
Court Name: Punjab and Haryana High Court Judge(s): S. S. Sodhi, Gokal Chand Mital Title: HIGHWAY CYCLE INDUSTRIES LTD. vs COMMISSIONER OF INCOME-TAX Case No.: Income-tax Reference No. 99 of 1980 Date of Judgment:1988-11-15 Reported As: 1991 PTD 79 Result: Question answered in the affirmative
JUDGMENT
JUDGMENT GOKAL CHAND MITAL J.--The Income-tax Appellate Tribunal, Amritsar, has referred the following question for the opinion of this Court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the disallowance of the assessee's claim for surtax liability while computing its taxable income for the assessm ent year 1974-757" The matter is answered in favour of the Revenue and against the l assessee by a large number of decisions of various High Courts and the latest three decisions are Simon Carves India Ltd. v. CIT (198$) 173 ITR 660 (Cal), S.L.M. Maneklal Industries v. CIT (1958) 172 1TR 176 (Guj) and Organon (India) Ltd. v. CIT (19888) 172 ITR 354 (Cal.). Following the law laid down in these three decisions, we answer the question in the affirmative leaving the parties to bear their own costs.