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Commissioner of Income-tax Vs. Kraft Place - Court Judgment

SooperKanoon Citation

Subject

Direct Taxation

Court

Allahabad High Court

Decided On

Case Number

Income-tax Application No. 200 of 1985

Judge

Reported in

[1987]167ITR236(All)

Acts

Income Tax Act, 1961 - Sections 35B and 256(2)

Appellant

Commissioner of Income-tax

Respondent

Kraft Place

Excerpt:


- - 1. having heard counsel for the parties, we are satisfied that the following question of law does arise in the present case :whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal has come to a correct legal conclusion in holding that the assessee-firm is entitled to weighted deduction in respect of expenditure incurred in india which is attributable to the sales made by the firm to foreign tourists at the counter in agra ? '2. we consequently allow the application and direct the income-tax appellate tribunal, delhi bench, to draw up the statement of the case and refer the aforesaid question to this court.1. having heard counsel for the parties, we are satisfied that the following question of law does arise in the present case : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal has come to a correct legal conclusion in holding that the assessee-firm is entitled to weighted deduction in respect of expenditure incurred in india which is attributable to the sales made by the firm to foreign tourists at the counter in agra ' 2. we consequently allow the application and direct the income-tax appellate tribunal, delhi bench, to draw up the statement of the case and refer the aforesaid question to this court. no order as to costs.

Judgment:


1. Having heard counsel for the parties, we are satisfied that the following question of law does arise in the present case :

'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has come to a correct legal conclusion in holding that the assessee-firm is entitled to weighted deduction in respect of expenditure incurred in India which is attributable to the sales made by the firm to foreign tourists at the counter in Agra '

2. We consequently allow the application and direct the Income-tax Appellate Tribunal, Delhi Bench, to draw up the statement of the case and refer the aforesaid question to this court. No order as to costs.


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