1960 (12) TMI 102

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..... are satisfied that no question of law arises in this application under section 66(2) of the Income Tax Act. The questions, as framed in paragraph 8 of the petition, in our view, are really and essentially questions of fact in this case. The question proposed by the assessee relates to a claim for remuneration to a director as a permissible deduction. The petitioner claimed a certain amount and t .....

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..... the effect of the previous decisions on section 10(2) (xv) and similar expressions used in section 12(2) of the Income Tax Act reflected respectively in the decisions of Newtone Studios Ltd. v. Commissioner of Income Tax and Eastern Investments Ltd. v. Commissioner of Income Tax, which appeared to suggest that it was not the Income Tax Officer but the business concerned to judge its commercial ne .....

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..... again that the opinion of the Income Tax Officer should be exercised judicially and not capriciously. But the facts in this case do not even suggest, far less allege, any capricious or unjudicial expression of that opinion. Therefore, in our view, no question of law arises. The application is dismissed. H.K. Bose, J. - I agree. Application dismissed.
Case laws, Decisions, Judgements, Orders .....

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