9911796707
TMI Blog1987 (3) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... years 1973-74, 1974-75 and 1975-76. The question raised which is common to all the three years is: " Whether the Income-tax Appellate Tribunal was correct in law and on facts in allowing the relief under section 80J in respect of the Viva division of the assessee-company ? " We have heard counsel at some length and we are of the opinion that a question of law does arise out of this aspect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , therefore, direct the Tribunal to state and refer the following question of law for the decision of this court : " Whether the Income-tax Appellate Tribunal was correct in law and on the facts in allowing the relief under section 80J in respect of the Viva division of the assessee-company for the assessment years 1973-74, 1974-75 and 1975-76 ? " However, two items of clarification are necess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal may state the facts relevant thereto also. Counsel for the petitioner submitted that in coming to its conclusion regarding availability of section 80J relief, the Tribunal has also granted the relief to the assessee for one of the three assessment years in respect of borrowed capital which is contrary to the decision of the Supreme Court in the case of Lohia Machines (1985] 152 ITR 308. This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g tea, coffee, etc., to business constituents as entertainment expenses and thereby deleting the addition of Rs. 33,302, particularly in the light of the amendment introduced by way of Explanation 2 to section 37(2A) ? We are of opinion that this is a question which requires to be referred. We direct the Tribunal to state and refer this question of law for the decision of this court, so far as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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