1985 (12) TMI 43

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..... o. 192 of 1984 (CIT v. Rajkumar Mills) and Miscellaneous Civil Case No. 251 of 1984 (CIT v. Rajkumar Mills Ltd). These are applications under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). The material facts giving rise to these applications, briefly, are as follows The assessee is a company and was assessed to surtax for the assessment years 1973-74, 1974 .....

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..... Having heard learned counsel for the parties, we have come to the conclusion that the question as to whether the reserve for leave with wages should be taken into account for calculating the capital of the assessee for the purpose of determining the surtax liability is a question of law and it does arise out of the order passed by the Tribunal. The applications are, therefore, allowed, we direct .....

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