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TMI Blog1981 (9) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal (Bombay Bench " D "), the first three at the instance of the Commissioner and the fourth at the instance of the assessee. The said questions are as follows By the Commissioner of Income-tax: " (1) Whether, on the facts and in the circumstances of the case, the income-tax authorities were justified in disallowing a part of the " Head office expenses' for the assessment years 1961-62, 1962-6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment years 1961-62 and 1963-64, as the factory is seasonal one and it works in two shifts in the manner indicated above ? " As far as question No. 4 is concerned, it is the admitted position that the assessee had not preferred a reference application before the Tribunal but had raised the said question of law in its reply. Mr. Joshi drew our attention to the observations of the Supreme Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee in accordance with the said decision. As far as question No. 2 is concerned, it would appear that the ITO had held that the guest-house expenses of Rs. 24,008 should be treated as entertainment expenses. Treating the said expenses as entertainment expenses, the ITO had permitted the statutory deduction under s. 37(2) of the I.T. Act, 1961, and added back the balance. This approac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive and in favour of the assessee, upholding the view of the Tribunal. In the result, the questions referred to us are answered as follows Question No. 1 : In the negative and in favour of the assessee. Question No. 2 : In the affirmative and in favour of the assessee. Question No. 3: In the negative and in favour of the assessee. Question No. 4 : Not answered for the reason already ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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