TMI Blog1992 (9) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... rence for our opinion : " (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the expenditure of Rs. 22,530 incurred by way of filing fees for increasing authorised capital was a capital expenditure ? (2) Whether, in view of the facts and law, the Appellate Tribunal was justified in holding that the surtax liability was not deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other grievance was in connection with the deduction of surtax liability in the computation of business income. The contention of the assessee was that this liability can be deducted as revenue expenditure. Both these requests of the assessee were rejected by the Income-tax Officer. The assessee approached in vain the Appellate Assistant Commissioner in appeal and the Tribunal in second appeal an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a sharp division of judicial opinion amongst the different High Courts. It is true that our High Court has taken the view against the assessee on question No. 1 in Ahmedabad Manufacturing and Calico Pvt. Ltd. v. CIT [1986] 162 ITR 800 (Guj), but the Madras High Court in the case of CIT v. Kisenchand Chellaram (India) P. Ltd. [1981] 130 ITR 385 and the Andhra Pradesh High Court in the case of Warne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [1984] 145 ITR 793. Thus, on the one side, there are views against the assessee as taken by this court, the Bombay High Court and the Delhi High Court, while on the other hand, contrary views have been taken by the Madras High Court, the Kerala High Court and the Andhra Pradesh High Court. In view of the sharp conflict of judicial opinion on this point and especially when special leave to appeal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue such a certificate under section 261 of the Income-tax Act, 1961, accordingly. However, it is made clear that the certificate was sought under section 261 of the Act by learned counsel for the assessee only so far as question No. 1 is concerned, and we have granted the certificate for consideration of question No. 1 only. This reference accordingly stands disposed of in the light of what is st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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