TMI Blog1991 (3) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... court in this departmental reference relating to the assessee's assessment for the assessment year 1969-70 is : "Whether, on the facts and in the circumstances of the case, the sum of Rs. 47,207 paid by the assessee-company to Moellar under agreement dated July 1, 1966, was a permissible deduction ?" Ordinarily, in view of the Supreme Court's decision in the case of CIT v. Ciba of India Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the meaning of sections 43(3) and 32 of the Income-tax Act, 1961. Following another decision of the Supreme Court in the case of Scientific Engineering House P. Ltd. v. CIT [1986] 157 ITR 86, the order was passed with the consent of the parties that the second question in that case be answered in the affirmative in favour of the assessee and, in view thereof, there would be no necessity of answ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1977, in which, like the earlier reference in CIT v. Toshniwal Electrodes Mfg. Co. [1990] 185 ITR 29, two questions of law have been referred to this court. We have taken it on board. Following our judgment in the assessee's own case in CIT v. Toshniwal Electrodes Mfg. Co. [1990] 185 ITR 29, we answer the second question in this reference in the affirmative and in favour of the assessee. In vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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