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2002 (8) TMI 87 - RAJASTHAN HIGH COURT"Whether, Tribunal was justified in deleting the addition of Rs. 97,973 by holding that giving of gifts and presents does not amount to hospitality and cannot be considered for disallowance as entertainment expenditure? - Whether, on the facts and in the circumstances of the case and in law, the Income-tax Appellate Tribunal was justified in holding that the provisions of section 37(4) of the Income-tax Act, 1961, start with a non obstante clause and cover only section 37(1) of the Income-tax Act and, therefore, they are not supposed to apply to any other provisions of the Income-tax Act and further holding that since the guest house rent was paid and allowed under section 30 of the Income-tax Act, 1961, the provisions of section 37(4) could not be read to disallow any rent payable by the assessee and thereby deleting the disallowance/addition of guest house rent of Rs. 2,39,980?" - We answer both the questions in the negative, i.e., in favour of the Revenue and against the assessee.
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