9911796707
TMI Blog1994 (3) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... Ahmedabad Bench "B", has referred for the opinion of this court, the following questions under section 256(1) of the Income-tax Act, 1961: "1. Whether, on the facts and in the circumstances of the case having regard to the corporate nature of the assessee the entire expenditure of Rs. 25,159 for the assessment year 1974-75 and Rs. 26,079 for the assessment year 1975-76 was allowable? 2. Whether, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed only a sum of Rs. 9,500 for the assessment year 1974-75 and a sum of Rs. 3,000 for the assessment year 1975-76 as deduction. On appeal, the Commissioner (Appeals) allowed an estimated deduction equivalent to 20 per cent. of the interest income derived by the company as a deduction under section 57(iii) of the Act in computing the net interest income of the assessee chargeable under the head ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the matter on this aspect and hence, we answer question No. 1 referred to us in the negative against the assessee and in favour of the Revenue. Question No. 2: The assessee had claimed set off of unabsorbed depreciation to the extent of the income available under the head "Interest", which claim was rejected by the Income-tax Officer. The Commissioner of Income-tax (Appeals), however, al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Bench of this High Court, speaking through Justice B. S. Kapadia, held categorically that (headnote): "On reading section 32(2) of the Act, it is clear that the purpose of the Legislature in introducing the legal fiction is to give the benefit of the unabsorbed depreciation in the following previous year or in the succeeding previous years and when that is the purpose of the legal fiction, al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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