9911796707
TMI Blog1990 (11) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... Sengupta, J. In this reference under s. 256 (1) of the IT Act, 1961 for the asst. yrs. 1979-80 to 1982-83 the following questions of law have been referred to this Court: R. A. No. 5 (Cal) of 1988 "(1) Whether, on the facts and in the circumstances of the cases, the Tribunal was correct in law in holding that the interest on fixed deposits amounting to ₹ 6,07,688 was not assessable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der s. 41 (1)of the IT Act, 1961?" R.A. No. 7 (Cal) of 1988 "(1) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the interest on fixed deposits amounting to ₹ 780,331 was not assessable as income of the assessee? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the assessee. 3. The second question in R. A. Nos. 5, 6 and 7 (Cal) of 1988 and only question in R. A. No. 8 (Cal) of 1988 are misconceived inasmuch as it appears that the assessee never claimed any deduction in respect of the sums credited in the P&L A/c and accordingly, the provision of s. 41 (1) of the IT Act, 1961 could not be applied to the facts of this case. 4. In that view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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