Gujarat High Court High Court

Commissioner Of Income Tax vs Hariprasad D. Laskari on 10 February, 1993

Gujarat High Court
Commissioner Of Income Tax vs Hariprasad D. Laskari on 10 February, 1993
Author: G Nanavati
Bench: G Nanavati, S Soni


JUDGMENT

G.T. Nanavati, J.

1. The Tribunal has referred the following question to this Court under s. 256(1) of the IT Act, 1961 :
“Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee’s claim of interest payment of Rs. 28,391 is allowable under s. 57(iii) of the IT Act, 1961 ?”

2. Following the decision in CIT v. Rajendra Prasad Moody (1978) 115 ITR 519 (SC), the question referred to us is answered in the affirmative, that is against the Revenue and in favour of the assessee. The Reference is disposed of accordingly with no order as to costs.