2004 (12) TMI 79

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....tion 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for opinion to this court: "Whether, on the facts and in the circumstances of the case, the order of the Tribunal upholding the deletion for entertainment expenditure is vitiated as it has failed to appreciate the provisions of section 37(2B) of the Act correctly?" The reference relates to the assessment years 19....

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....ss expenditure and, therefore the same is not justified. The Appellate Assistant Commissioner in appeal has upheld Rs. 10,000 towards expenditure by the respondents in providing free facility to the guests of the general manager. The Revenue's appeal before the Appellate Tribunal has failed. Heard Sri A.N. Mahajan, learned standing counsel for the Revenue, and Sri A. Upadhyaya, learned counsel ....

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....ich includes single room accommodation, tour conductor and if the group is on American plan, the bona fide conductor will also be entitled to free meals. He also submitted that no expenditure was incurred by the respondents for providing free facility. The Income-tax Officer has added Rs. 1.50 lakhs towards assumed expenditure. Having heard learned counsel for the parties we find that it is not....