1985 (10) TMI 18

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..... with section 18 of the Super Profits Tax Act, 1963. The assessment year with which we are concerned is the assessment year 1963-64. The question relates to the computation of capital of the assessee-company for the calculation of standard deduction permissible to it under the Super Profits Tax Act. The questions referred to us for our opinion are as follows : "(1) Whether, on the facts and in t .....

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..... re required for the determination of the questions referred. As far as question No. 1 is concerned, there is nothing in the statement of the case to indicate what was the amount provided for depreciation in the accounts of the assessee-company and what was the depreciation claimed by the assessee-company for tax purposes and allowed for the assessment years 1958-59 to 1961-62. All that the stateme .....

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..... actually utilised for the payment of this dividend. Unfortunately, the judgment of the Tribunal is even shorter on facts than the statement of the case. We can understand that the Tribunal might not have considered it necessary to set out all the facts in the judgment, but, in that case, the facts should have been ascertained and set out in the statement of the case. In the result, we remand th .....

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