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Issues involved: Application u/s 256(2) of the Income-tax Act for a direction to refer a question of law to the court regarding deletion of addition under section 40A(2) based on charges paid to a sister concern.
Judgment Summary: The Commissioner of Income-tax filed an application u/s 256(2) of the Income-tax Act seeking a direction for the Income-tax Appellate Tribunal to refer a question of law to the court. The issue revolved around the deletion of an addition of Rs. 5,01,246 under section 40A(2) due to charges paid to a sister concern, which were deemed excessive by the Inspecting Assistant Commissioner. The Tribunal, in its order, concluded that the charges were not unreasonable, considering additional factors such as lease money paid by the sister concern to the respondent. The Tribunal declined to refer the question of law to the court, leading to the present petition. The court found no merit in the petition, stating that the proposed question of law was not clearly understandable. It was noted that a letter from G. B. Industrial Works, which was alleged to not have been produced before the assessing authority, had indeed been submitted by the respondent. Additionally, the court cited a precedent stating that the determination of excessive expenditure under section 40A is a factual matter, not a question of law. The court emphasized that the issue at hand was whether the amount paid to the sister concern was excessive, which was deemed a factual question. As there was no dispute regarding the sister concern relationship, the Tribunal's decision was upheld, and the petition was dismissed.
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