1998 (2) TMI 6

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..... Held, yes - - - - - Dated:- 12-2-1998 - B. N. KIRPAL. and A. P. MISRA. JUDGMENT The judgment of the court was delivered by B. N. KIRPAL J.--- In these appeals by certificate granted by the Kerala High Court, the following question of law has been referred in respect of the assessment year 1978-79 : "Whether the Tribunal was right in law in holding that the statutory deduction under .....

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..... earlier decision. It is stated that subsequent to the decision under appeal, other High Courts have also taken the same view. The only dissenting view which has been expressed is by the Karnataka High Court in Karnataka State Financial Corporation v. CIT [1988] 174 ITR 206. Having gone through the decisions cited at the Bar, we find that the decision of the High Court following its earlier deci .....

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..... sub-clause (viii) of section 36(1) has subsequently been amended so as to bring it in line with the view of the Patna and the Kerala High Courts. The decision of the Karnataka High Court does not appear to be correct being contrary to the aforesaid decision of the Patna High Court which stands affirmed by its affirmation by this court on January 20, 1995. The view of the other High Courts is in c .....

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