KRAFT PALACE Vs. COMMISSIONER OF INCOME TAX
LAWS(ALL)-1991-9-3
HIGH COURT OF ALLAHABAD
Decided on September 19,1991

KRAFT PALACE Appellant
VERSUS
COMMISSIONER OF INCOME-TAX Respondents

JUDGEMENT

- (1.) CONNECT with I.T.A. No. 213 of 1991.
(2.) HAVING heard learned counsel for the parties, we find that the question raised in the present ease is the same as in the assessment year 1904-85. For the said year, we have, by our order dated April 30, 1991, called for a question of law. Accordingly, following the said judgment, we direct the Income tax Appellate Tribunal concerned to draw up a statement of the ease and refer the following question of law to this court for our opinion in accordance with law : "Whether, on a proper interpretation of the nature and scope of the provisions of Section 37(2A) of the Act, the Income-tax Appellate Tribunal was justified in holding that the expenditure incurred by the assessee on providing mineral and aerated water to its foreign customers was in the nature of expenditure on providing 'hospitality' and the same was thus liable for disallowance under the said section?" There shall be no order as to costs.;


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