TMI Blog1989 (3) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 256(2) of the Income-tax Act, 1961 (hereinafter called "the Act"), the Commissioner of Income-tax prays that we direct the Tribunal to draw up a statement of case and refer the following question of law for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in allowing the expenses of Rs. 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, the Tribunal was of the view, after perusing the abovementioned voucher, that where a limited company has turnover of a few crores of rupees and the assessed income amounts to more than Rs. 50,00,000, payment made by the assessee to Industrial Electronics, Bombay, as part of the tour expenses of Mr. P. D. Gupta, could not be doubted as being incidental to the business of the assessee, pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and that it was the same Mr. P. D. Gupta who had incurred the expenditure of Rs. 15,000. Consequently, it directed the Assessing Officer to allow weighted deduction on this amount of Rs. 15,000. The Commissioner of Income-tax then filed an application under section 256(1) of the Act which was rejected by the Tribunal as it noticed that the finding of the Tribunal was a finding of fact based on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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