The Commissioner Of Income Tax, Mumbai City I, Mumbai-20 v. Gannon Dunkerley & Co. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORIGINAL SIDE INCOME TAX APPEAL NO. 287 OF 2002 The Commissioner of Income Tax,Mumbai City I, Mumbai-20 vs. Gannon Dunkerley & Co. Ltd. Mr.K.R.Chaudhary with Mr.Vijay Kantharia i/b. Mr.H.D.Rathod for the appellant. Mr. F. Andhyarujina, senior counsel with Ms.PallaviDivekar i/b. Mr.Mahesh Jani & Co. for the respondent. Appellant Respondent P.C. CORAM: R. M. LODHA & J.P.DEVADHAR,JJ. DATED: 7th September 2004 Heard. 2. In the memo of appeal, the following substantial questions of law have been proposed: "(1)Whether on the facts and in thecircumstances of the case, the Tribunalwas right in law in holding that theassessee was entitled for deduction ofRs.40 lakhs paid as compensation to itssister concern Nimar Textiles Ltd., forrunning its textile unit?(2)Whether on the facts and in thecircumstances of the case, the Tribunalwas right in law in holding that theassessee was entitled to deduction ofexpenditure incurred ongifts/presentation articles and Rule 6Bhad no application?(3)Whether on the facts and in thecircumstances of the case, the Tribunal v. Allana Sons Pvt.Ltd., 216 ITR 690 the view of the Tribunal cannot be faulted. before us on 24th August 2004, we passed the following order: applications said to have been filed by the revenue before the Tribunal under section 256(1). (R.M. LODHA,J.)(J.P. DEVADHAR,J.)