1990 (11) TMI 36

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....g reference of the following two questions to this court : "(1) Whether the Income-tax Appellate Tribunal was correct in law in holding that 35% of the expenditure of Rs. 1,07,133 incurred on serving tea, soft drinks, lunches and dinners on occasions when both the customers and the employees were present, pertained to expenditure incurred on employees and was not hit by Explanation 2 to section....

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....stion of law arises for the simple reason that, even as per the Income-tax Officer, some of the expenses of Rs. 1,07,133 would fall under Explanation 2 to section 37(2A). How much is the amount which will fall under that Explanation 2 is a question of fact. The conclusion of the Tribunal that it is 35% which will fall under that Explanation is a finding of fact and no question of law arises. The f....