Commissioner Of Income-Tax vs Kesho Dass Shri Gopal on 5 December, 1990

JUDGMENT

B.P. Jeevan Reddy, C.J.

1. The Tribunal has referred the following question under Section 256(1) of the Income tax Act, 1961.
“Whether, on the facts and in the circumstances of the case, the
‘Rasoi’ expenses of Rs. 13,394 were in the nature of entertainment expenditure and were disallowable under Section 37(2B) of the Income-tax Act,
1961 ?”

We have heard learned counsel for the petitioner. None appears for
the respondent, though served.

2. In view of the Full Bench decision of this court in Phool Chand Gajanand v. CIT [1989] 177 ITR 265, the question has to be answered in the affirmative, i.e., in favour of the Revenue and against the assessee. No
costs.