TMI Blog1989 (9) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... his reference raises five questions. The first three questions are raised on the application of the Revenue and the fourth and fifth questions on the application of the assessee. The questions read thus : "(1) Whether, on the facts and in the circumstances of the case and in law, the Appellate Tribunal was justified, in holding that the deduction of borrowed monies and debts due by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome, was allowable as a deduction from the assessee's total income ? (5) Alternatively, whether, on the facts and in the circumstances of the case, the said sum of Rs. 28,395 was allowable as a loss on the commercial principles of computing profits ?" Counsel are agreed that the answer to be given to the first three questions is covered by the decision of this court in. CIT v. Kamani Enginee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , by the Income-tax Appellate Tribunal. Before us, it was contended that the amount of Rs. 28,395 had been incurred in the course of carrying on of the assessee's business and towards that end. It was submitted that, consequent upon the late payment of tax, the assessee had to borrow less and the benefit of such lesser borrowing was reflected in the assessee's profits. It was also contended in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court in so far as the answers to the second and third questions are concerned. It is pointed out that in the case of Kamani Engineering Corporation Ltd. [1986] 161 ITR 473 (Bom), such leave was granted. Accordingly, a certificate of fitness to appeal to the Supreme Court is granted to the assessee in respect of the second and the consequential third question. No order as to costs. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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