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1990 DIGILAW 464 (ALL)

Searaiya Sugar Mills v. Commissioner Of Income-Tax

1990-05-02

B.P.JEEVAN REDDY, R.K.GULATI

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JUDGMENT : 1. Having heard counsel for both the parties, we direct the Tribunal to state the following question under Section 256(2) of the Income-tax Act, 1961. "Whether, on the facts and circumstances of the case, the disallowance of Rs. 50,000 paid to M/s. J. P. Mukherjee and Associates, Sugar Technologists and reputed consultants was justified by holding that it was of a capital nature and not a revenue expenditure ?" 2. So far as question No, 1 is concerned, we do not think that there is any question of law that can be said to have arisen. The Tribunal has merely remanded the matter back to the first, appellate authority for a fresh decision. The income-tax application is allowed in part.