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The High Court of Himachal Pradesh held that surtax payable by the assessee under the Companies (Profits) Surtax Act, 1964, for the corresponding surtax assessment year cannot be allowed as a deduction in computing its total income. This decision was based on the Supreme Court ruling in Smith Kline and French (India) Ltd. v. CIT [1996] 219 ITR 581. The Tribunal's decision was upheld, and the reference was answered accordingly.
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