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Petitioner: MOHAN MEAKIN BREWERIES LTD. VS Respondent: COMMISSIONER OF INCOME-TAX , .
Court Name: Himachal Pradesh High Court Judge(s): M. Srinivasan, Kamlesh Sharma Title: MOHAN MEAKIN BREWERIES LTD. vs COMMISSIONER OF INCOME-TAX , . Case No.: Income-tax Reference No,1 of 1982 Date of Judgment:1996-10-17 Reported As: 1999 PTD 1810 Result: Order accordingly
JUDGMENT
JUDGMENT ' M. SRINIVASAN, C.J.---The question referred to this Court is:-- "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the surtax payable of the assessee under the Companies (Profits) Surtax Act, 1964, for the corresponding surtax assessm ent year cannot be allowed as a deduction in computing its total income ?" ' The Supreme Court has now held in Smith Kline and French (India) Ltd. v. CIT (1996) 219 ITR 581 that the said payment cannot be allowed as deduction in computing the total income for the corresponding year. While doing so, the Supreme Court has affirmed the judgment of the Kerala Court in A.V. Thomas & Co. Ltd. v. CIT (1986) 159 ITR 431 (FB) and reversed the judgment of the Gauhati High Court in Makum Tea Co. (India) Ltd. v. CIT (1989) 178 ITR 453. ' In view of the judgment of the Supreme Court this question is no longer available for discussion in this Court. Hence, the reference is answered by holding that the Tribunal was right in holding that the surtax payable by the assessee under the Companies (Profits) Surtax Act, 1964, for the corresponding surtax assessm ent year cannot be allowed as a deduction in computing its total income. ' Reference is ordered accordingly.
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