1971 (3) TMI 38

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..... erred the following question: "Whether, on the materials produced by the assessee, the Tribunal was bound to hold that the business at Lahore and Barabanki did constitute the same business so as to justify the allowance of Rs. 40,000 as interest?" The reference relates to the assessment years 1949-50 and 1951-52. The assessee is a registered firm. It operates a sugar mill at Barabanki in U.P. an .....

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..... that the assessee was entitled to the deduction of interest for the two assessment years. He took the view that the business carried on at Barabanki and that carried on at Lahore were one and the same business. The Income-tax Officer appealed to the Income-tax Appellate Tribunal. The Tribunal allowed the appeal holding that the assessee was not entitled to the deduction claimed by it. On a referen .....

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..... are evidenced by the existence of a common management, common business organisation, common administration, common fund and common place of business. Before us, there is no finding by the Tribunal that there existed in the present case a common management, common business organisation, common administration, common fund and a common place of business. The Tribunal has emphatically held that there .....

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