TMI Blog1979 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... the above view, I allow the application for amendment dated 5th June, 1978. Let the cause title of the writ petition be amended. Paragraph 1A of the amended writ petition, annexed to the amendment application, be inserted as prayed for.In view of the formal nature of the amendment, it is not necessary to direct service of the copy of the amended petition on the respondents in fact, the amendment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der s. 263 of the I.T. Act as the circumstances of the case may justify including an order enhancing or modifying the said assessment or cancelling the said assessment and directing a fresh assessment according to law. The said show-cause notice has been issued in view of the circular of the Central Board of Direct Taxes, dated September 26, 1974. The said circular purported to override an earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Direct Taxes and came to the conclusion that the aforesaid second circular of the Central Board of Direct Taxes was not valid and did not correctly interpret the decision of the Supreme Court in Metal Box Company's case [1969] 73 ITR 53; 39 Comp Cas 410 and the subsequent decisions in the case of Bombay Dyeing and Manufacturing Co. Ltd. v. CWT [1974] 93 ITR 603 (SC). M. M. Dutt J. in L. Madanlal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bajoria has submitted that recently the Court of Exchequer in Scotland in Inland Revenue Commissioners v.Titaghur Jute Factory Co. Ltd. reported in Simon's Tax Cases (1978) page 166 has taken nearly a similar view in the matter of deduction of a company's obligation to pay gratuity to its employees in computing its profits. For the foregoing reasons, I make this rule absolute. Let a writ of cert ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
