1989 (10) TMI 29

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..... o income-tax, the Income-tax Appellate Tribunal has referred the following question of law for the decision of this court : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the expenditure incurred by the assessee for the maintenance of the buildings given for the residence of their employees and the depreciation thereon can be .....

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..... e question of law formulated hereinabove has been referred by the Appellate Tribunal for the decision of this court. We heard counsel. Prima facie, the Commissioner of Income-tax (Appeals) and also the Appellate Tribunal have upheld the disallowances under section 40A(5) on the basis of the decision of this court in Forbes, Ewart and Figgis (P.) Ltd. [1982] 138 ITR 1 [FB]. The decision of the Ap .....

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..... xpenditure incurred by the assessee for the maintenance of the building given for the residence of the employees and the depreciation thereon can be taken into account for the purpose of disallowance under section 40(a)(v)/40A(5) of the Income-tax Act. In the light of the decision of this court in Forbes, Ewart and Figgis (P.) Ltd. [1982] 138 ITR 1 [FB] and also the Bench decision of this court in .....

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