Supreme Court of India
Commissioner Of Income-Tax vs Balaji Enterprises on 20 July, 2001
Equivalent citations: [2002]254ITR553(SC), AIR 2003 SUPREME COURT 4452, 2002 (10) SCC 268, 2002 AIR SCW 2758, (2002) 122 TAXMAN 825, (2002) 254 ITR 553, (2002) 169 TAXATION 511, (2002) 174 CURTAXREP 220
Bench: B.N. Kirpal, N. Santosh Hegde
ORDER
1. Special leave granted.
2. After hearing the counsel for the parties, in our opinion, a question of law does arise, especially in view of the fact that the Madras High Court in CIT v. Balaji Enterprises [1999] 236 ITR 589 in a case of the respondent relating to a similar claim for deduction had allowed the application under Section 256(2) of the Income-tax Act, 1961.
3. We, therefore, allow this appeal, set aside the judgment of the High Court and direct the Tribunal to state the case and refer the following question of law to the High Court :
"Whether, on the facts and in the circumstances of the case, the Tribunal was right in directing the Assessing Officer to allow deduction of service charges amounting to Rs. 1,82,03,470 or any part thereof ?"