1986 (11) TMI 25

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....f the Income-tax Act, 1961 (for short " the Act The assessee is a private limited company in respect of the assessment for the year 1971-72. It claimed deduction of Rs. 8,700 from its income which was paid as interest to Kalinga Foundation Trust (hereinafter referred to as "the trust "). There is no dispute that in case the trust is a juristic person, the claim has to be allowed. The case of th....

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....256(1) of the Act but the Appellate Tribunal refused to state a case on the finding that the decision in appeal was based on pure question of fact. Aggrieved by the said refusal, the Department filed applications under section 256(2) of the Act which were registered as S. J. C. Nos. 211 to 216 of 1971. The assessing officer without considering any fact and circumstance has held in this case that t....

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.... The decision of the Supreme Court has since been reported as CIT v. Biju Patnaik [1986] 160 ITR 674. The assessee in this case preferred an appeal before the Appellate Assistant Commissioner which was heard in September, 1974, by which time this court had rendered its decision in S.J.C. Nos. 211 to 216 of 1971. The Appellate Assistant Commissioner held as follows: " ...Following the decisio....

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....interest was, therefore, rightly allowed by the Appellate Assistant Commissioner. " An application under section 256(1) of the Act was filed by the Department for making a reference to this court by stating a case but the Tribunal refused to state a case on the ground that the question involved is only a question of fact. In the application under section 256(2), this court was not satisfied wit....