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2015 (2) TMI 848 - CALCUTTA HIGH COURTExpenditure on account of municipal tax, repairs and insurance - disallowance of the said expenditure in respect of guest house under section 37(4)- Held that:- Decided against assessee as relying on Britannia Industries Ltd. v. CIT reported in [2005 (10) TMI 30 - SUPREME Court]. Disallowance of deduction under section 33AB - Interest income from deposits with Nabard whether connected with the business of growing and manufacture of tea - Held that:- Whether such deposit was made in connection with the business of growing and manufacture of tea, as contended by the learned counsel, should have appeared from the order of the Assessing Officer or the order of the Commissioner of Income-tax or the order of the learned Tribunal. It appears that at all the three stages this position was not clarified by any of the authorities. Whether the income of ₹ 1,07,29,555 actually arose from deposits integrally connected with the business of growing and manufacture of tea is a pure question of fact. Unless a finding is recorded with regard thereto, it is not possible to answer the question whether that income can be taken into account for the purpose of allowing deduction under section 33AB of the Income-tax Act. Therefore, it appears to us that the adequate attention was not given to the matter when the same was dealt with at different stages. - Decided in favour of assessee for statistical purposes.
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