Full Judgment Text & Judicial Ruling

Court Name: Allahabad High Court Judge(s): R. K. Gulati, R. Dayal Title: COMMISSIONER OF INCOME-TAX vs HINDUSTAN COMPUTERS LTD. Case No.: Income-tax Application No. 240 of 1995, Date of Judgment:1997-01-30 Reported As: 2000 PTD 1014 Result: Application rejected

JUDGMENT

JUDGMENT Heard Sri Shekhar Srivastava, Advocate, standing counsel for the Revenue', and Sri Sudhir Chandra, Senior Advocate, assisted by Sri S. Chopra and Sri Tapas Mishra, Advocates, for the assessee. This is an application under section 256(2) of the Income Tax Act, 1961, for reference of following question to this Court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in confirming the order of the Commissioner of Income-tax (Appeals), who deleted the addition of Rs.72.05 lakhs holding that no real profit has ' arisen on the un-expired period of annual maintenance contract. " The order of the Tribunal is concluded by the finding of fact. In our opinion, no statable question of law arises for reference. The application under section 256(2) of the Income-tax Act is, accordingly, rejected.

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