2000 (1) TMI 6

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..... -The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated November 25, 1994, for the assessment year 1984-85. "Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the raid expenses is allowable under section 37(1)?" The facts as stated by the Tribunal are that the assessee had done arrac....

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....tion of the Income-tax Officer that neither justification for the expenditure nor its genuineness had been established. The assessee went on appeal to the Tribunal and the Tribunal upheld the contention of the assessee and allowed 50 per cent. of the raid expenses relying on the decision of the Tribunal in I.T.A. No. 818/Bang of 1989, dated October 3, 1994, in the case of Sri A.J. Shetty Family Tr....

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....ation of law may be proved or may not be proved and it was keeping these facts in mind that the Tribunal has allowed only 50 per cent. of the expenses. The argument of both learned counsel for the parties heard. The assessee is no doubt engaged in the business of vending of arrack. In order to run the business effectively the activities of illicit manufacture and sale which were affecting th....