1992 (11) TMI 79

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....972-73 to 1974-75, the Income-tax Appellate Tribunal, under section 256(1) of the Act, has referred the following two questions to this court : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal, was legally right in holding that the claim of the petitioner-company for allowance of surtax in the computation of the assessment of the company could no....

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....on of the assessable income of the assessee-company. The Income-tax Officer rejected the claim of the assessee for two reasons. Firstly, it was held that no mistake apparent from the record had arisen since no claim had been made by the assessee for deduction of the surtax paid in the return of income. Secondly, it was held that section 40(a)(ii) of the Income-tax Act, 1961, specifically prohibite....

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....ioner of Income-tax (Appeals ) for two reasons : in the first place it was held that the question of deduction of surtax liability in the computation of income from business or profession was a highly debatable issue and, therefore, it could not be the subject-matter of rectification under section 154. Secondly, even on merits, the Tribunal held that the claim of the assessee was rightly rejected ....