Law:

Section:

Section 37(2B), read with section 256 of the Income-tax Act 1961 - Entertainment expenditure - Tribunal upheld deletion of entertainment expenditure - Whether question as to whether Tribunal's order was vitiated as it failed to appreciate provisions of section 37(2B) correctly, was question of law to be referred - Held, yes FACTS The Department filed application for reference on the ground that the order of the Tribunal upholding the deletion of entertainment expenditure was vitiated as it had failed to appreciate the provisions of section 37(2B), correctly. HELD In view of the plain language of sub-section (2B) of section 37 which starts with the words 'notwithstanding anything contained in this section', a question of law did arise from the order of the Tribunal. JUDGMENT N.D. Ojha, J.-By means of this application under section 256(2) of the Income-tax Act, 1961, the Commissioner of Income-tax, Allahabad, has made a prayer that the Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, may be directed to refer the following three questions to this court for its opinion: "1.Whether, on the facts and in the circumstances of the case, the order of the Tribunal upholding the deletion of entertainment expenditure is vitiated as it has failed to appreciate the provisions of section 37(2B) of the Act correctly? 2.Whether, on the facts and in the circumstances of the case, the order of the Tribunal upholding the deletion of extra profit is correct when the Tribunal has ignored to consider that G.P. rate disclosed in the earlier year was better and that the proviso to section 145(1) was applicable? 3.Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in upholding the relief allowed by the Commissioner…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492