Commissioner Of Income-Tax vs South India Corporation (Agencies) ... on 24 April, 1998
Such being the position, it goes without saying that the Tribunal was rather wrong in deciding the issue in favour of the assessee, placing implicit reliance on the decision of the Calcutta High Court in Duncan Brothers and Co. Ltd. v. CIT[1981] 128 ITR 302, which followed the decision in Duncan Brothers and Co. Ltd. v. CIT . We, therefore, answer the common question that the provision for taxation amounting to Rs. 57,86,074 cannot at all be deducted from the cost of the investments to be reduced from the capital base under rule 2 of the Second Schedule. The question is answered accordingly.