Simon Carves India Ltd. vs Commissioner of Income Tax

Dipak Kumar Sen, J.—On the application of Simon Carves India Ltd., the assessee, u/s 256(1) of the Income Tax Act, 1961, the following question has been referred by the Tribunal, as a question of law arising out of its order, for the opinion of this court :

" Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in rejecting the assessee''s claim that surtax payable was to be deducted in computing the total income of the assessee under the Income Tax Act, 1961 ? "

The controversy raised in the question is covered by a decision of this court in Molins of India Ltd. Vs. Commissioner of Income Tax, . Following the said decision, we answer the question in the affirmative and in favour of the Revenue.

The learned advocate for the assessee orally prayed for a certificate for appeal to the Supreme Court from this judgment contending that such certificate has been issued by this court in the case of Molins of India Ltd. Vs. Commissioner of Income Tax, and in other cases where the decision in Molins of India Ltd. Vs. Commissioner of Income Tax, was followed.

Let a certificate u/s 261 of the Income Tax Act, 1961, be issued on the following question of law :

" Whether the surtax liability under the Companies (Profits) Surtax Act, 1964, can be allowed as a permissible deduction in computing the income of the assessee under the Income Tax Act, 1961 ? "

Let the order for issue of the certificate be drawn up separately. Leave is given to the advocate on record for the assessee to file vakalatnama within a fortnight from date.

The reference is disposed of as above without any order as to costs.

SHyamal Kumar Sen , J.

I agree.