1979 (6) TMI 16

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.... and it is now known as M/s. Duncan Agro Industries Ltd. In the above view, I allow the application for amendment dated 5th June, 1978. Let the cause title of the writ petition be amended. Paragraph 1A of the amended writ petition, annexed to the amendment application, be inserted as prayed for.In view of the formal nature of the amendment, it is not necessary to direct service of the copy of the ....

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....e. The Commissioner, therefore, proposed to pass an order under s. 263 of the I.T. Act as the circumstances of the case may justify including an order enhancing or modifying the said assessment or cancelling the said assessment and directing a fresh assessment according to law. The said show-cause notice has been issued in view of the circular of the Central Board of Direct Taxes, dated September ....

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....eferred to in the aforesaid circular of the Central Board of Direct Taxes and came to the conclusion that the aforesaid second circular of the Central Board of Direct Taxes was not valid and did not correctly interpret the decision of the Supreme Court in Metal Box Company's case [1969] 73 ITR 53; 39 Comp Cas 410 and the subsequent decisions in the case of Bombay Dyeing and Manufacturing Co. Ltd. ....

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....e C. R. 16889(W) of 1975 disposed of on March 25, 1976. Mr. Bajoria has submitted that recently the Court of Exchequer in Scotland in Inland Revenue Commissioners v.Titaghur Jute Factory Co. Ltd. reported in Simon's Tax Cases (1978) page 166 has taken nearly a similar view in the matter of deduction of a company's obligation to pay gratuity to its employees in computing its profits. For the forego....