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2002 (7) TMI 9

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....estions are common and can be conveniently disposed of. The questions which are referred to us at the instance of the assessee are as under: "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that a sum of Rs. 1,15,514, Rs. 6,19,944 and Rs. 2,54,212 for the assessment years 1979-80, 1981-82 and 1982-83, debited by the assessee under the head ....

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.... right in law in treating the business expenditure claimed for deduction under section 37(1) as one falling under the head 'Expenditure in the nature of entertainment expenditure' as envisaged under section 37(2) of the Act? 4. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in law in limiting the deduction of expenditure claimed in the manner it ha....

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....the provisions of section 37(2A) is reasonable and sustainable in law?" The following facts will highlight the controversy involved. The assessee is in the business of canvassing/contract agents for M/s. G.A. Vasanth Exchange. They claimed certain expenditure in the nature of sales promotion expenditure. They claimed various sums in the three assessment years with which we are concerned. The asse....

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....ome increased amounts by way of deductions. In so far as the year 1979-80 is concerned, it has given a total deduction of Rs. 30,000, while for the year 1981-82 it has given a deduction of Rs. 50,000 and for the year 1982-83, it has given a deduction amounting to Rs. 40,000. Learned counsel, Mr. Janardhana Raja, appearing for the assessee, tried to submit that the Tribunal should have treated all....