1983 (2) TMI 18

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....ference under s. 256 of the I.T. Act, 1961 (hereinafter referred to as the Act I), the Income-tax Appellate Tribunal, Indore, has referred the following questions of law to this court for its opinion : " (1) Whether, on the facts and in the circumstances of the case, salary paid to Shri Kantilal Chopra in his individual capacity is to be disallowed under section 40(b) of the Income-tax Act, 196....

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.... not deductible and hence he added back this sum to the income of the assessee. The ITO further found that during the year in question, the assessee had purchased factory building and three godowns for a sum of Rs. 20,000 but it claimed to have incurred expenditure of Rs. 40,245 for repairs. The ITO held that the repairs were carried out not with a view to restoring the building to its condition a....

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....t is at the instance of the assessee that the aforesaid questions of law have been referred to this court for its opinion. So far as question No. 1 is concerned, the learned counsel for the assessee conceded that the matter was concluded by the decisions of this court in Jalam Chand Mangilal v. CIT (No. 1) [1982] 138 ITR 343 and Jalam Chand Mangilal v. ClT (No. 2) [1982] 138 ITR 347. We see no ....