TMI Blog2005 (4) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... 961 (hereinafter referred to as "the Act"), for opinion of this court: "Whether on the facts and in the circumstances of the case, the I.T.A.T. was correct in law in holding that deduction under section 36(1) (viii) should be regulated with reference to the total income computed before making any deduction under section 36(1) (viii) of the Income-tax Act, 1961?" The reference relates to the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gross total income. According to the assessee, the gross total income means total income before allowing deduction under Chapter VI-A of the Income-tax Act. The assessment for the assessment year 1983-84 was completed on March 25, 1985 on a total income of Rs. 1,19,63,703 and the assessment for the assessment year 1984-85 was completed on December 22, 1987, on a total income of Rs. 1,11,36,400. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment years 1982-83 and 1983-84, the Assessing Officer was directed to allow deduction under section 36(1)(viii) on the whole of total income without deducting allowance under section 36 (1) (viii) of the Income-tax Act. The Department preferred appeals against the said orders of the learned Commissioner of Income-tax (Appeals). The Tribunal, vide its orders dated July 20, 1995 in ITA Nos. 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court has held that in computing the total income for the purpose of section 36(1)(viii) of the Act, the total income has to be computed in accordance with the provisions of sections 30 to 43A except section 36(1)(viii) of the Act. Respectfully following the decision of the apex court we answer the question referred to us in the affirmative, i.e., in favour of the assessee and against the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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