S.R Rajasekhara Murthy, J.:— The following two questions of law have been referred under section 256(1) of the Income-tax Act, 1961, by the Income-tax Appellate Tribunal, Bangalore Bench, for the opinion of this court:
“1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the surtax payable under the Companies (Profits) Surtax Act, 1964, was an inadmissible deduction in computing the total income of the applicant?
2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the assessee is entitled to the relief under section 80J without restricting it on time basis?”
2. The first question is completely covered by the decision of this court in Commissioner Of Income-Tax, Karnataka v. International Instruments (P.) Ltd., [1983] 144 ITR 936 (ITRCs. Nos. 109 and 110 of 1979, dated 14-9-1983).
3. In view of the said decision,. we answer the first question in the affirmative and against the assessee. The second question is covered by the decision of this court in Commissioner Of Income-Tax, Karnataka-Ii v. Mysore Petro-Chemical Ltd., [1984] 145 ITR 416 [ITRC No. 6 of 1983, dated 3-8-1983]. In view of the said decision, we answer the second question in the affirmative and against the Revenue.