Court : Allahabad
Decided on : Jan-23-1980
Reported in : (1980)16CTR(All)131; [1980]123ITR911(All); [1980]4TAXMAN1(All)
Rastogi, J. 1. This is a reference under Section 256(1) of the I.T. Act, 1961 (hereafter 'the Act'), made at the instance of the Commissioner of Income-tax. The assessment years are 1967-68 and 1968-69 and the question referred for opinion is :' Whether, on the facts and in the circumstances of the case, the Tribunal was correct in allowing deduction of penalty of Rs. 50,651 in assessment year 1967-68 and Rs. 67,801 in assessment year 1968-69 '2. The assessee is a public limited company engaged in the manufacture of cloth. It follows the calendar year as its year of account. During the years under consideration, the assessee was recognised as a registered user of trade mark No. 100387 (Sanforized) of M/s. Cluett Peabody & Company by the Government of India, vide Trade Mark Registry letter No. P.R. (RU-Sanforized)/2400 dated 26th November, 1962. One of the conditions laid down for the use of the aforesaid trade mark was the export of a certain percentage of sanforized fabrics manufactur...
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