GIRISH CHANDRA GUPTA, J. - (1.) The appeal is directed against a judgment and order dated 19th October, 2004 passed by the learned Income Tax Appellate Tribunal, "C " Bench, Kolkata in ITA No.905(Kol)/2013 pertaining to the assessment year 1998-99 allowing the appeal of the assessee partly. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal.
(2.) The grounds of appeal disclosed, amongst others, are as follows : "ii) For that on the facts and circumstances of the case the Learned Tribunal was not justified in law in allowing the deduction of the 1.35 crores paid to Andhra Bank by the assessee as a one time settlement to clear the dues of M/s.New Tobacco Company, a group concern as the business expenses of the assessee although the same is not paid for the business of the assessee in deviation from the law and the statute. iii) For that on the facts and circumstances of the case the Learned Tribunal was not justified in law further allowing the deductions in respect of the club subscription charges for its executives in respect of clubs situate at far away places from garden in deviation from earlier practise when all along club expenses for clubs situate near the garden were allowed. "
(3.) The appeal was, however, admitted solely on the following question of law : "Whether on the facts and circumstances of the case where club subscription were paid by the assessee for its executives in terms of contracts for employment are allowable deductions " ;