1998 (8) TMI 27

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....court was delivered by MS. S. V. MARUTHI J.---At the instance of the Revenue question No. 2 is referred, which is as follows : "2. Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 42,059 cannot be categorised either as advertisement or publicity or sales promotion expenditure and consequently whether the Income-tax Appellate Tribunal is justified in holding ....

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.... Andhra Pradesh. He also held that it cannot be taken to be an advertisement to the general public, and, therefore, the provisions of section 37(3A) are not attracted. On further appeal by the Revenue to the Tribunal, the Tribunal on a consideration of the brochure styled as "Compendium of the APSSIDC Services" agreed with the view of the Commissioner of Income-tax (Appeals). At the instance of th....

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....red by an assessee on advertisement, publicity and sales promotion is entitled for deduction of such expenditure as prescribed in the said section. The question, therefore, is whether the amount of Rs. 42,059 incurred as expenditure is to be computed in accordance with section 37(3A). In other words, whether section 37(3A) is applicable to the expenditure incurred by the assessee. The Commissioner....