1996 (1) TMI 105

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..... s prayed for a direction to refer the following two questions for the opinion of this court : " (1) Whether, on the facts and in the circumstances of the case, provision for expenses on foreign tour of the dealer amounting to Rs. 3,41,043 is an allowable business expenditure and if so, whether the Tribunal is correct in law in upholding the Commissioner of Income-tax (Appeals)'s order deleting t .....

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..... nal and the Tribunal also confirmed the order of the Commissioner of Income-tax (Appeals). According to the Department, the amount of Rs. 3,41,043 earmarked for payment on account of incentive to the dealers by way of undertaking foreign tours is not a business expenditure and, therefore, the assessee is not entitled to get any deduction under section 37 of the Income-tax Act. As the Tribunal refu .....

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..... opinion that no question of law arises out of the order of the Tribunal and we, therefore, decline to refer the same to the High Court." In the facts and circumstances of this case, in our opinion, the questions referred to above should be referred to this court for opinion. Accordingly, we direct the Tribunal to refer the said two questions under section 256(2) for the opinion of this court. .....

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