2005 (8) TMI 75

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....ference under section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question of law for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in allowing the assessee's claim in respect of foreign travel expenses of Smt. L.R. Patel, who accompanied her husband Shri R.M. Patel, the director of the asses....

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....he assessee had contended before him that the machinery was proposed to be purchased in connection with the existing line of business. On this finding of fact, the Tribunal held that no case had been made for its interference in so far as disallowance of 1/5th of the expenditure on the travel of Shri R.M. Patel was concerned. Shri R.M. Patel, during the course of his foreign travel, was accompa....

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....Appeals) wherein a categorical finding has been recorded holding that the expenditure on travel of Smt. Patel was liable to be disallowed in toto because the appellant-assessee could not establish any business purpose behind her foreign travel. Learned counsel for the Revenue also contends that in view of the above finding of fact recorded by the first appellate authority, the Tribunal was not ....