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1986 Supreme(All) 292
IN THE HIGH COURT OF ALLAHABAD
K. C. Agrawal and R. K. Gulati, JJ.
COMMISSIONER OF INCOME-TAX - Appellant
Versus
KRAFT PLACE - Respondents
Income-tax Application 200 Of 1985
Decided On : 09/25/1986
The main legal point established in the judgment is the court's authority to direct the Tribunal to refer a question of law for consideration.
Headnote:
Income-tax - Weighted Deduction - Sales to Foreign Tourists - Legal Conclusion
Fact of the Case:
The court was asked to determine whether the Income-tax Appellate Tribunal's conclusion on the entitlement of weighted deduction for expenditure incurred in India attributable to sales made to foreign tourists was correct.
Finding of the Court:
The court allowed the application and directed the Income-tax Appellate Tribunal to draw up the statement of the case and refer the question to the court.
Issues: The main issue was the correctness of the legal conclusion reached by the Income-tax Appellate Tribunal regarding the entitlement to weighted deduction.
Ratio Decidendi: The court found that there was a question of law arising in the case and directed the Tribunal to refer the question to the court for consideration.
Final Decision: The court directed the Income-tax Appellate Tribunal to draw up the statement of the case and refer the question to the court.
"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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