HEMRAJ NEBHOMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal filed by the assessee under Section 260A of the Income Tax Act against an order, dated 7 -3 -2003, passed by the ITAT (for short hereinafter referred to as 'Tribunal') in ITA No. 15 /IND/97. This appeal was admitted for final hearing on 8 -9 -2003 on the following substantial questions of law: 1. Whether the Tribunal erred in law in maintaining disallowance on account of advertisement and sale promotion expenses without appreciating the facts and circumstances of the case and by ignoring the decisions of the Supreme Court and jurisdictional High Court relied on by the appellant ?

(2.) WHETHER on the facts and in the circumstances of the case, the advertisement and safes promotion expenses incurred by the appellant for the purpose of business were rightly disallowed by the Tribunal ignoring past practice and overlooking the trade practice and commercial expediency? 2. Heard Shri S.C. Bagadia, learned senior counsel with Shri D. Chhabra for assessee/appellant and Shri R.L. Jain learned Sr. Counsel with Ku. V. Mandlik for the revenue/respondent.

(3.) ACCORDINGLY and in view of aforesaid we need not burden our judgment by narrating the entire facts in detail because the reasoning contained in our judgment rendered in the earlier one which is in Hemraj Nebhomal Sons 'case (supra) will equally apply so far as disposal of this appeal is concerned.