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TMI Blog2003 (1) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... n plant was an extension of the assessees business. As a matter of fact, it is also not clear from the statement of the case as to which part of the surrendered 50 per cent. of the total expenditure, incurred by the assessee, was attributed by it to the fuel injection plant and for studying export potentialities. In the absence of material facts, we are unable to answer the question referred. We f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case, are that during the previous year ending on March 31, 1974, and relevant to the assessment year 1974-75, the assessee, who is stated to be engaged in the business of manufacture of fans and sewing machines, had debited a sum of Rs. 94,632 as travelling expenses incurred by the company's chairman, Shri Charat Ram, and one of the executives, namely, Shri B.K. Ghai, on their travel to Europe a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The matter was carried in further appeal by the assessee to the Tribunal which upheld the stand of the assessee. On the Revenue moving an application under section 256(l) of the Act, the aforenoted question has been referred for our opinion. We have heard Mr. Sanjiv Khanna, learned senior standing counsel for the Revenue, and Mr. Santosh K. Aggarwal, learned counsel for the assessee. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the basis of the Tribunal's coming to the conclusion that the fuel injection plant was essential to the assessee's existing business can be gathered from the submissions of counsel for the assessee, noticed in paragraph 9B of the order dated November 22, 1982, passed in the miscellaneous application. Having carefully perused the order of the Tribunal, dated May 17, 1982, which was rectifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ever to come to the conclusion that the fuel injection plant was an extension of the assessees business. As a matter of fact, it is also not clear from the statement of the case as to which part of the surrendered 50 per cent. of the total expenditure, incurred by the assessee, was attributed by it to the fuel injection plant and for studying export potentialities. In the absence of material facts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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