2001 (1) TMI 67

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....filed on behalf of the Department to direct the Income-tax Appellate Tribunal to draw up a statement of case and refer the following questions of law : "(1) Whether, on the facts and in the circumstances of the case, there was any material before the learned Income-tax Appellate Tribunal in law to delete the addition of Rs. 97,824 towards entertainment expenditure under section 37(2A) of the In....

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.... in view of the decision of the Supreme Court in the case of CIT v. British Paints India Ltd. [1991] 188 ITR 44 ? (4) Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was legally correct in holding that the expenditure of Rs. 4,32,730 disallowed by the Assessing Officer under section 40A(3) of the Income-tax Act was admissible being covered u....

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....rds question No. 1 it is contended that the Tribunal has allowed 50 per cent. expenditure considering the provisions under section 37(2A) of the Income-tax Act. The Tribunal has allowed it only on the ground that for earlier years 50 per cent. allowance was given for such expenditure. He neither refers to the provision of section 37(2A) of the Act nor considers the material in this respect. The Tr....