1988 (7) TMI 36

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.... ACTG. C. J.-By this reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), the Income-tax Appellate Tribunal has referred the following question of law to this court for its opinion : "Whether, on the facts and in the circumstances of the case, the interest payment of Rs. 93,837 on bank overdrafts was an allowable deduction in computing the income of....

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.... for earning interest or dividend as claimed by the assessee. The Income-tax Officer held that interest payment was allowable only for payment of income-tax and not for wealth-tax under section 80V of the Act. In this view of the matter; the Income-tax Officer held the allowable deduction to be Rs. 20,000 only. On an appeal filed by the assessee, the Commissioner of Income-tax (Appeals) affirmed t....

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....arning the income from out of which the deduction was claimed. The taxing authorities have found that the overdrafts were taken by the assessee to meet his personal liability of payment of income-tax and wealth-tax. In these circumstances, as held by the Supreme Court in Padmavati Jaikrishna v. Addl. CIT [1987] 166 ITR 176, the dominant purpose of the assessee in taking overdrafts was not to earn ....