1989 (8) TMI 31

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....this petition under section 256 (2) for directing the Tribunal to state the case and refer the following questions of law to this court : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that an expenditure of Rs. 4,38,329 on setting up a project in Indonesia was not of capital nature by following their earlier order....

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.... the material fact that this expenditure was not made wholly and exclusively for the purpose of the business of the assessee-company and was also hit by the provisions of rule 6D of the Income-tax Rules ? 5. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the sum of Rs. 86,386 representing expenditure on entertainm....

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....l loss, but in appeal this decision was reversed. In our opinion, the question has not been properly worded and the question whether Rs. 3,20,213 is a revenue or a capital loss appears to be a mixed question of fact and law and this should be referred. As regards question No. 4, in our decision in Income-tax Case No. 69 of 1983 ( [1990] 184 ITR 90), similar question has not been referred. Qu....