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Issues:
1. Deductibility of interest on a loan of Rs. 20 lakhs. 2. Allowability of loss in the concrete unit. 3. Valuation of closing stock of barbed wire. Analysis: 1. The first issue pertains to the deductibility of interest on a loan of Rs. 20 lakhs. The Income-tax Officer disallowed the interest amount as the terms and conditions of the loan were unsettled at the end of the relevant year. However, the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal accepted the assessee's claim, stating that the liability to pay interest arises with the use of capital, not just when the amount is quantified. The Tribunal held that the interest would be a permissible deduction in computing taxable income, even if the final rate differed. The court found this to be a mixed question of law and fact, directing the Tribunal to refer the question for its opinion. 2. The second issue concerns the claim for a loss of Rs. 17,726 in the concrete unit due to floods. The Income-tax Officer disallowed the claim citing lack of evidence, but the Tribunal allowed it based on the certificate, reports, and minutes submitted by the assessee. The court deemed this issue a pure finding of fact and upheld the Tribunal's decision, as it was satisfied that the assessee had proven the loss suffered. 3. The final issue revolves around the addition of Rs. 1,93,370 by the Income-tax Officer in valuing the closing stock of barbed wire, which was later deleted by the Tribunal. The Tribunal found the method used by the assessee to value the closing stock to be recognized and well-defined in the commercial world. It also noted that there were no discrepancies in the quantity of finished goods. The court held that the valuation of stock-in-trade is a question of fact and found no error in the Tribunal's decision to accept the valuation method employed by the assessee. Therefore, this issue was deemed a pure question of fact and not fit for reference under the Income-tax Act. In conclusion, the court allowed the application in part, with no order as to costs due to the divided success of the parties.
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