Law:

Section:

I. Section 37(2A), read with section 256 of the Income-tax Act, 1961 - Entertainment expenditure - Whether question as to whether Tribunal was right in holding that assessee was entitled to deduction under head entertainment expenses of a sum of Rs. 28,734, was question of law - Held, yes II. Section 35B, read with section 256 of the Income-tax Act, 1961 - Export market development allowance - Whether question as to whether Tribunal was right in holding that assessee was entitled to amount of Rs. 4,361 by way of weighted deduction under section 35B, was question of law - Held, yes P.N. Mishra and R.C. Pandey for the Commissioner. S.K. Aggarwal for the assessee. JUDGMENT B.N. Kirpal, J.-This is a petition under section 256(2) of the Income-tax Act, 1961, whereby the petitioner seeks a direction that the Tribunal should state the case and refer the following questions of law to this court: "(1)Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to the deduction under the head 'Entertainment expenses' though the same was hit by the provisions of section 37 (2A) ? (2)Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to the expenditure incurred by it under the head 'Shree Ram Jayanti expenses' though there was no nexus between the expenditure incurred and the business run by the assessee-company ? (3)Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to weighted deduction under section 35 B on the expenditure incurred by it under the heads 'Customs duty', clearing charges, bad debts, expenses incurred by foreign branches, etc. ? (4)Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to an amount of Rs. 4,361 incurred by the export division of the assessee under the head 'Entertainment expenses' ? (5)Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the…

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