1984 (12) TMI 14

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....ETTY J.--This is a reference under section 256 (1) of the Income-tax Act, 1961. The question of law referred is: "Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the amount of Rs. 5,582 debited as a provision for the use of the right of Mrs. Margon Pinto, the ex-partner, was not an allowable deduction ?" The assessee is a firm. In the p....

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.... did not accept the contention and upheld the order of the Income-tax Officer. So too, the Tribunal, on further appeal. The question raised is whether Rs. 5,582 debited as a provision for the use of the right of Mrs. Margon Pinto, the ex-partner, was not an allowable deduction. On the facts found, the question could not have been raised at all. There was no use of the right of Mrs. Margon Pinto....