Delhi High Court
Commissioner Of Income-Tax vs Hans Raj Gupta And Co. (P.) Ltd. on 11 January, 1990
Equivalent citations: [1990]183ITR72(DELHI)
Author: B.N. Kirpal
Bench: B.N. Kirpal
JUDGMENT B.N. Kirpal, J.
1. We have heard counsel for the parties and, in our opinion, the questions of which the petitioner seeks reference are questions of law inasmuch as they involve the interpretation of section 32A, and in the second question, the interpretation of section 40(c) and section 40A(5).
2.We, therefore, direct the Tribunal to state the case and refer the following questions of law to this court :
"(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessed-company was entitled to investment allowance ?
"(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that no disallowance should have been made under section 40A(5)/40(C) ?"
3. No order as to costs.