ORDER The following question has been referred to us for opinion:
"Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in allowing consequential relief in Surtax case also ?"
2. The matter relate to the assessment year 1975-76. The appellate authority had granted certain reliefs to the assessee under the Income Tax Act as well as under the Companies (Profit) Surtax Act, 1964. As the Tribunal dismissed the appeal under the Income Tax Act, as a consequence thereof, it also dismissed the appeal under the Surtax Act.
2. The matter relate to the assessment year 1975-76. The appellate authority had granted certain reliefs to the assessee under the Income Tax Act as well as under the Companies (Profit) Surtax Act, 1964. As the Tribunal dismissed the appeal under the Income Tax Act, as a consequence thereof, it also dismissed the appeal under the Surtax Act.
3. We are of the considered opinion that as Surtax was dependent upon the income-tax and the appeal under the Income Tax Act filed by the revenue has been dismissed, the Tribunal was justified in dismissing the appeal under the Surtax Act in the consequence thereof.
3. We are of the considered opinion that as Surtax was dependent upon the income-tax and the appeal under the Income Tax Act filed by the revenue has been dismissed, the Tribunal was justified in dismissing the appeal under the Surtax Act in the consequence thereof.