1987 (6) TMI 13

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oth the O.Ps. He is an assessee to income-tax. The respondent in both these O.Ps. is the Commissioner of Income-tax. The petitioner prays that the following two questions of law may be directed to be referred by the Appellate Tribunal for the decision of this court. The questions of law formulated by the petitioner-assessee in both the O.Ps. are as follows : "(i) Whether, on the facts and in the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ct, been created. This finding has been arrived at by the Appellate Tribunal. It is not questioned. If that be so, the contribution of Rs.1 lakh or transfer of Rs.1 lakh to the trustees even before the trust has been created cannot be said to be a proper or allowable expenditure. On this short ground, the common question No. (i) in both the O.Ps. does not arise for consideration. The Appellate Tri .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the decision of this court in I.T.Rs. Nos. 7 and 8 of 1982 (CIT v. Tharian and Sons [1987] 166 ITR 607 (Ker) ) and I.T.Rs. Nos. 133 and 134 of 1983 (CIT v. K. Ravindranathan Nair [1988] 170 ITR 411 (Ker) ). We are of the view that in the light of the two Division Bench decisions of this court as aforesaid; no referable question of law, formulated question No. (ii), arises for consideration in the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X