TMI Blog1984 (6) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and Company Affairs ? " Though the Department asked for three other questions to be referred, the Tribunal thought it fit to refer only the above question. We have no information whether any application under s. 256(2) has been made by the Department with respect to the refusal of the Tribunal to refer other questions and if so what the position is. In the circumstances, we have no option but to proceed to deal with and answer the question referred to us. This matter came up for hearing on June 20, 1984, and after having been heard partly, we adjourned the case for today, because the learned counsel for the respondent-assessee was not present and also because of the standing counsel's request for time for ascertaining the above facts. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any or not. A director or a managing director may or may not be an employee. The ceiling prescribed by sub-r. (2) applies not only in the case of an " employee " but also in the case of " any other person ". Sub-r. (2), in so far as it is relevant, reads as follows: " The allowance in respect of expenditure incurred by an assessee in connection with travelling by an employee or any other person within India outside the headquarters of such employee or other person for the purposes of the business or profession of the assessee shall not exceed the aggregate of the amounts computed as hereunder: ........ There can be little doubt that a managing director falls within the meaning of the expression " any other person " used in the sub-rule. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned with the implementation of the I.T. Act. Even with respect to the circulars or press notes issued by the Ministry of Finance, it is brought to our notice, the High Court of Calcutta has taken the view in Tarak Nath Paul v. CWT [1983] 142 ITR 468, that such press notes or circulars issued by the Ministry of Finance, not having been issued under any authority of the Act (in that case, W.T. Act), could not be taken into account by the (wealth-tax) authorities either for imposing or for deciding the question of imposition of penalty. We agree. Such circulars cannot be read as overriding or qualifying the Act or the Rules, irrespective of the fact whether they are in favour of the assessee or in favour of the Department. For the above rea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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