1989 (1) TMI 93

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.... both these original petitions. The same corporation is the respondent in both the cases. It is an assessee to income-tax. The matter relates to the assessment years 1980-81 and 1981-82. For the years 1980-81 and 1981-82, the Income-tax Appellate Tribunal passed a common order dated December 9, 1986, in the appeals. Two questions arise for consideration in both these cases. The first relates to th....

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....ax Officer should dispose of the matter afresh on the basis of his findings for the assessment year 1979-80. The second question is whether the deduction under section 36(1)(viii) could be given on the gross total income before deducting the relief. The Appellate Tribunal held in the affirmative. The Revenue moved the Appellate Tribunal by an application under section 256(1) of the Income-tax Act ....

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.... time, there is no concluded decision by the Appellate Tribunal on this matter. The decision to be rendered on the said aspect requires factual investigation and the application of the relevant provisions of law. So, we are of the view that the first question formulated in paragraph 7 of the original petitions, namely, whether the interest credited to the suspense account could be brought to tax u....