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2003 (1) TMI 63 - HC - Income TaxBusiness Expenditure - "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the provisions of sub-section (3D) of section 37 of the Income-tax Act, 1961, were not applicable in respect of the expenditure on publicity for sales promotion incurred by the assessee in the assessment years 1979-80 and 1980-81 ?" – Held, no - "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that for computing the disallowance under section 40(c) of the Income-tax Act, 1961, in respect of expenditure which resulted in remuneration, benefit or amenities to the managing director, Shri J. Om Prakash, amount of Rs. 3,50,000 paid in the accounting year relating to the assessment year 1979-80 and Rs. 5,00,000 paid in the accounting year relating to the assessment year 1981-82 for the professional work of directing motion pictures under production should not be taken into account ?" – Held, yes
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