1981 (9) TMI 52

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....is reference four questions of law are referred to us by the Income-tax Appellate Tribunal (Bombay Bench " D "), the first three at the instance of the Commissioner and the fourth at the instance of the assessee. The said questions are as follows By the Commissioner of Income-tax: " (1) Whether, on the facts and in the circumstances of the case, the income-tax authorities were justified in disa....

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....ion for the second shift of the sugar factory for the accounting periods relevant to the assessment years 1961-62 and 1963-64, as the factory is seasonal one and it works in two shifts in the manner indicated above ? " As far as question No. 4 is concerned, it is the admitted position that the assessee had not preferred a reference application before the Tribunal but had raised the said questio....

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....ed us to answer these two questions (questions Nos. 1 and 3) in the negative and in favour of the assessee in accordance with the said decision. As far as question No. 2 is concerned, it would appear that the ITO had held that the guest-house expenses of Rs. 24,008 should be treated as entertainment expenses. Treating the said expenses as entertainment expenses, the ITO had permitted the statut....