TEJPAL JAMUNADAS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this reference under S.66(2), Income -tax Act, the following questions have been referred to this Court for its opinion :

(2.) LEARNED counsel for the parties are agreed that the second question does not arise out of the appellate order of the Income -tax Appellate Tribunal and it is, therefore, not necessary to answer that question.

(3.) THE other point in dispute was that the two branches at Kanpur and Calcutta had ceased to do further business in cloth, money -lending and commission agency but the premises and the skeleton staff were maintained to realise the outstandings of the business. The assessee had claimed that the expenses incurred therefor at those two branches were allowable as proper expenditure under S.10(2)(xv), Income -tax Act.