CIT vs. M/S IFCI LTD.
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----------- 27.09.2002
Heard. Admit. The following questions of law are framed for adjudication:
"
Whether on the facts and circumstances of the case the ITAT was correct in law in allowing the deduction u/s 80M & 80K without reducing from the dividend income, the deduction as admissible u/s 36(1)(viii) of the Act?
Whether ITAT was correct in law in allowing the deduction u/s 36(1)(viii) of the Act to the extent of 40% of the income determined without restricting the amount transferred to the reserve created during the year?
Whether on the facts and circumstances of the case the Tribunal was correct in awarding the allowance of Rs.72,574/- being the amortization expenses incurred for acquiring lease hold land by the assessee?"
Insofar as questions Nos.C and D as proposed by the Revenue are concerned, in our view these do not arise from the order of the Tribunal. The appellant shall file within three months ten copies of the cyclostyled paper books, containing all documents on which reliance was placed before the Tribunal, including any order/orders, either in the case of the assessee itself or in case of any other assessee, which has been followed by the Tribunal. The appeal be listed for hearing in the regular course.
D.K. JAIN, J
SHARDA AGGARWAL, J SEPTEMBER 27, 2002 'ss'