SC : The amount which is being claimed as a deduction by the assessee had already been allowed to him in 1960-61

Supreme Court Of India

Kamlapat Motilal vs. CIT

Sections 147, 148, 150(1), 153(3), 297(2)(d)

Asst. Year 1961-62

S. Ranganthan, V. Ramaswami & N.D. Ojha, JJ.

Civil Appeal No. 1344 of 1978

1st November, 1991 

Counsel Appeared

Raja Ram Agarwal with Pramod Swarup, for the Appellant : Dr. V. Gauri Shankar with S. Rajappa & Ms. A. Subhashini, for the Respondent

BY THE COURT :

This is not a fit case for interference under Art. 136 of the Constitution for the simple reason that the amount which is being claimed as a deduction by the assessee had already been allowed to him in 1960-61. Virtually, what he is seeking in this appeal is the deduction for the same amount in 1961-62. The claim is unequitable and uncalled for. In the circumstances, the civil appeal is dismissed.

There will be no order as to costs.

[Citation: 193 ITR 338]

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