1989 (10) TMI 5

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....ter referred to as "The Tribunal") at the instance of the assessee, namely, Messrs. Associated Stone Industries (Kota) Ltd., Ramganjmandi, with regard to the assessment years 1974-75 and 1975-76, the following questions have been referred to this court : "(1) Whether, on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the amount of Rs. 2,08,003, b....

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.... and in the circumstances of the case and in law, the Tribunal was right in holding that the expenditure of Rs. 7,765/ Rs. 9,000 incurred by the assessee-company in providing tea, cold drinks, etc., to the constituents who visited its business premises was not allowable as deduction under section 37 of the Income-tax Act, as the same was in the nature of entertainment expenses ?" Shri Mehta, lear....

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....ons Nos. 1 and 3. With regard to question No. 2, Shri Singhal has submitted that the said question should be answered in favour of the Revenue and against the assessee and in this connection, he has urged that the expenditure of Rs. 14,403 and Rs. 15,581 which has been claimed by the assessee in respect of the assessment years 1974-75 and 1975-76, respectively, by way of messing expenses for provi....

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.... matter which has been considered by the authorities and the question whether the said expenses were not allowable in view of sub-section (4) of section 37 of the Act was neither raised nor has it been considered by the Tribunal. In our opinion, the question whether the said expenses are disallowable under sub-section (4) of section 37 of the Act is an independent question which cannot be said to ....