TMI Blog1992 (9) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the Income-tax Appellate Tribunal to state a case and refer the questions of law for the decision of this court. The questions set out are these: "1. Whether, on the facts and in the circumstances of the case, the order of the Tribunal is a judicial order ? 2. Whether, on the facts and in the circumstances of the case and in view of the alleged acceptance of a similar order, the Revenue is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0% of the total expenditure incurred, viz., Rs. 73,722. The Income-tax Officer disallowed the claim. In appeal, the appellate authority allowed the claim. It was noted that, in regard to the other partner, the Income-tax Officer had modified the computation of the share income holding that the claim made was allowable against the share income earned by the assessee. From this, it is clear that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed. The Tribunal held so, since the admissible items of expenditure had been considered by the appellate authority by allowing a portion and that decision of the appellate authority in the case of the other partner had been accepted by the Department. In these circumstances, we see that there is no merit in this case to direct a reference of the questions of law framed in this original petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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