COMMISSIONER OF INCOME TAX Vs. BHATT DR R S

JUDGEMENT

(1.) THIS is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue to answer the following question of law, namely :

(2.) THE relevant assessment year is 1978-79. THE question for decision and the facts on which the question arises are similar to those in D. B. Income-tax Reference No. 36 of 1982 (CIT v. Dr. R.N. Jhanji [1990] 185 ITR 586 (Raj)) on August 29, 1988. Following that decision and for the same reasons, we hold that the Tribunal was not justified in holding that the assessee is entitled to relief under Section 91(1) of the Income-tax Act, 1961, of the full amount of tax paid on the total foreign income in the foreign country and that the assessee is entitled to the relief under Section 91(1) of the Act only of the amount of tax paid on fifty per cent. of the total foreign income.