1995 (11) TMI 31

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....petition under section 256(2) of the Income-tax Act, 1961 (hereinafter called, "the Act"), relevant to the assessment year 1987-88, the assessee seeks to refer the following question for the opinion of this court : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in holding that the expenditure of Rs. 2,83,793 incurred for putting up st....

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....the exhibition so as to promote the image and goodwill of the assessee. The Assistant Commissioner of Income-tax, Central Circle, New Delhi, took up the assessment proceeding of the assessee for the assessment year under reference and passed the order of assessment in respect of the income amongst others, holding that the expenditure incurred by the assessee to the tune of Rs. 2,83,792 was indirec....

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....37(2B) of the Act is not at all applicable and the said amount of Rs. 22,83,392 was in fact an allowable deduction as the business expenditure of the assessee. We have also heard Mr. B. Gupta, learned counsel for the respondent, who submitted before us that the question proposed in the present petition is a pure question of fact and as such no question of law arises therefrom. According to lear....

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....t all such expenses are in the nature of advertisement expenditure. The aforesaid finding arrived at by the Tribunal was without any discussion of the relevant provisions of law and also without any appreciation of the evidence on record. From the order passed by the Tribunal on the application under section 256(1), it appears that the Tribunal simply held that the aforesaid finding of the Tribuna....