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Crescent Dyes and Chemicals Ltd. Vs. Commissioner of Income Tax. - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtKolkata High Court
Decided On
Case NumberI.T. Ref. No. 390 of 1979
Reported in(1984)38CTR(Cal)365
AppellantCrescent Dyes and Chemicals Ltd.
RespondentCommissioner of Income Tax.
Excerpt:
- .....of the judgments of this court in the cases of woolcombers of india v. cit and reckitt and colman of india ltd. v. cit this question is answered in the negative and in favour of the assessee.3. in the facts and circumstances of the case, there will be no order as to costs.sabyasachi mukharji, j. - i agree.
Judgment:

: Suhas Chandra Sen, J. - We have considered the facts of this as stated by the Tribunal. In view of the real controversy between the parties the question that has been referred to is reframed as under :

'Whether on the facts and in the circumstances of the case, the Tribunal was right in upholding the disallowance of interest of Rs. 1,42,191 for the assessment year 1971-72 ?'

2. It appears from the facts of this case that the assessee had an overdraft account with National & Grindlays Bank Ltd, and from Schedule A to the assessment order it appears that the assessee was depositing every month more than what it was paying by way of tax. In view of the judgments of this court in the cases of Woolcombers of India v. CIT and Reckitt and Colman of India Ltd. v. CIT this question is answered in the negative and in favour of the assessee.

3. In the facts and circumstances of the case, there will be no order as to costs.

Sabyasachi Mukharji, J. - I agree.


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