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TMI Blog2011 (5) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... SANJAY KISHAN KAUL, J (ORAL) 1. The captioned reference pertained to assessment year 1984-85. The reference is at the behest of the assessee. We have been called upon to adjudicate the following question of laws: (i) Whether on the facts and in the circumstances of the case, the Ld. ITAT was legally justified in holding that only 50% of the total expenses of Kamla Retreat is admissible as reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same to be of capital nature? (v) Whether on the facts and in the circumstances of the case, the Ld. Tribunal was legally justified in confirming the disallowance on travelling expenses amounting to Rs 10,974/- on the ground that it relates to new project and dos not relate to existing business? (vi) Whether on the facts and in the circumstances of the case, the Ld. Tribunal was legally ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that interests of Rs 40,18,498/- payable on the provisional retention price received as per the hon'ble Delhi High Court's order is not admissible deduction? (x) Whether on the facts and in the circumstances of the case, the Ld. ITAT was legally justified in holding that expenditure on samples (Rs 1,40,376), export market development expenses (Rs 23,081) and tour expenses to attend seminar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly, these questions are returned unanswered. 4. In so far as question no. (ix) is concerned, we have answered a similar question in ITR No. 368/1992. In the said ITR we have come to the conclusion that since the liability had not crystalised in the assessment year in issue, no deduction could be claimed by the assessee. Both parties agree that the same course of action be employed. Accordingly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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