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TMI Blog1987 (9) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... and tea to its customers, and suppliers etc. coming from outside as customary expenses were in the nature of entertainment expenses and" hence not allowable in view of section 37(2B) of the Income-tax Act, 1964? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a sum of ₹ 90,000 incurred by the company for obtaining survey and feasibility report of polythene plant is capital expenditure and not allowable as a business expenditure ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that surtax liability is not an expenditure allowable as a business expenditure and not an expenditure wholly and exclusively incurred for the purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecessary facts on the basis of which the aforesaid question No. 2 has to be answered have not been determined by any of the lower authorities including the Tribunal. The test to be; applied for deciding whether this is an allowable expenditure or not was indicated by the Supreme Court in Setabganj Sugar Mills Ltd. v. CIT [1961] 41 ITR 272 as under: "The question whether, on the application of the settled tests, different ventures carried on by an individual or a company from the same business is a mixed question of law and fact. Certain principles are applied to determine whether on the facts found, a legal inference can be drawn that the different ventures constitute separate businesses or viewed together, can be said to constitute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wise not. We do not find the necessary facts being determined by either the ITO or the AAC or the Tribunal on the basis of which this question can be decided by applying the test indicated. This question cannot, therefore, be answered at this stage without necessary facts and the Tribunal will have to decide the same afresh after determining the necessary facts giving opportunity, if necessary, to the parties, to adduce further evidence for this purpose. 8. Consequently, the reference is answered as under-: Question 1 is answered, in assessee's favour and against the revenue by holding that the expenses incurred by the assessee in providing snacks etc. is an allowable deduction. Question 2 does not arise for our decision for the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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