TMI Blog1995 (10) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... w have been referred to this court by the Income-tax Appellate Tribunal, Ahmedabad Bench-B, arising from its order ITR No. 1494/Ahd. of 1981, in respect of the assessment year 1978-79. "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in coming to the conclusion that claim of the assessee for the payment of royalty of Rs. 19,449 for the use of trade ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax (Appeals). At the hearing of the present reference, both the learned advocates agreed that the facts giving rise to question No. 1 are similar to the facts which had given rise to an identical question in Income-tax Reference No. 200 of 1983 in which we have answered the question as per our decision dated October 9, 1995 (CIT v. Ashoka Mills Ltd. [1996] 218 ITR 526). There is no dispute abou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts are that the Income-tax Officer while determining the value of remuneration for the purpose of disallowance under section 40 (c) of the Income-tax Act ("Act" for short) included the reimbursement of medical expenses for the managing director. In appeal, the Commissioner of Income-tax (Appeals) directed the Income-tax Officer to exclude a sum of Rs. 9,918 being reimbursement of medical expenses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any expenditure which results directly or indirectly in the provision of any remuneration or benefit or amenity to a director or to a person who has a substantial interest in the company or to a relative of the director or of such person shall not be allowable deduction if that deduction in respect of the aggregate of such expenditure and allowances in respect of any one person exceeds Rs. 72,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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