COMMISSIONER OF INCOME TAX Vs. NOOR HANDICRAFTS

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Delhi Bench "B", Delhi, has, in compliance with the direction of this court, under Section 256(2) of the Income-tax Act, 1961, referred the following question stated to be of law and to arise out of the Tribunal's order dated May 1, 1980, passed in I. T. A. No. 1024(Delhi) of 1979, for the assessment year 1977-78, for the opinion of this court :

(2.) WE have heard Sri Shambhu Chopra, learned counsel for the Commissiorier, and Sri P. K. Misra, advocate, holding brief for Sri Bharat fi Agarwal, learned counsel for the respondent.

(3.) AS is evident, the Tribunal while allowing the weighted deduction on the aforesaid four items, has not recorded any finding of fact to bring the case within any one or more of the nine categories mentioned above. Without finding that the expenditure was incurred wholly and exclusively on one or more of the categories mentioned in the aforesaid clause, the Tribunal could not have allowed the assessee's claim.