2005 (4) TMI 53

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....erred to the following question of law under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for opinion of this court: "Whether on the facts and in the circumstances of the case, the I.T.A.T. was correct in law in holding that deduction under section 36(1) (viii) should be regulated with reference to the total income computed before making any deduction under....

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....tion under section 36(1)(viii) of the Income-tax Act on the basis of 40 per cent. of the gross total income. According to the assessee, the gross total income means total income before allowing deduction under Chapter VI-A of the Income-tax Act. The assessment for the assessment year 1983-84 was completed on March 25, 1985 on a total income of Rs. 1,19,63,703 and the assessment for the assessment ....

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....ed February 27, 1989, for the assessment year 1984-85, following the appellate order for assessment years 1982-83 and 1983-84, the Assessing Officer was directed to allow deduction under section 36(1)(viii) on the whole of total income without deducting allowance under section 36 (1) (viii) of the Income-tax Act. The Department preferred appeals against the said orders of the learned Commission....