1989 (3) TMI 93

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....t was delivered by GOKAL CHAND MITAL J. The Income-tax Appellate Tribunal, Chandigarh, has referred the following questions for our opinion : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal rightly upheld the disallowance of the expenditure of Rs. 7,732 ? 2. Whether the Appellate Tribunal has been right in law in holding that the assessee was not entitled to ....

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....dvice from B. C. Das Gupta and Co. For the legal advice tendered, Rs. 7,732 were paid to the aforesaid company. Ultimately, land was not purchased. When the matter came before the Income-tax Officer, deduction of Rs. 7,732 was claimed by way of revenue expenditure. The Income-tax Officer and the Appellate Assistant Commissioner disallowed the claim of deduction on the ground that the expenses incu....

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....ice was in the course of the business of the assessee and the said fee could not be added to the value of the land even if ultimately the land had been purchased and such an expense would always be revenue expenditure and for this proposition placed reliance on India Cements Ltd. v. CIT [1966] 60 ITR 52, a Supreme Court decision. On the other hand, learned counsel for the Revenue has placed rel....