TMI Blog2014 (7) TMI 1084X X X X Extracts X X X X X X X X Extracts X X X X ..... as not the decision taken in the interest of the activities and profession of the firm of Advocates but for furthering the career prospects of the child/ daughter - neither of the Authorities committed any error or perversity in disallowing the deduction – both the judgments relied by the assessee could not be taken into consideration as they operate in different facts and circumstances – Thus, no substantial question of law arises for consideration – Decided against Assessee. - ITA NO.840 OF 2012 - - - Dated:- 11-3-2014 - S. C. Dharmadhikari and G.S. Kulkarni, JJ. Mr. B.M. Chatterjee i/b. Mr. Vishnu S.Hadade, for the Appellant Mr. P.C. Chhotaray, for the Respondent 1. The appellant has questioned the concurrent orders of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessee's appeal. Mr.Chatterjee would submit that each one of them were bound by the judgment and order of this Court in the case of Sakal Papers (P.)Ltd. v. CIT [1978] 114 ITR 256. Mr. Chatterjee submits that merely because the assessee had sent his daughter abroad for higher education, it does not mean that the deduction cannot be claimed. The relationship has nothing to do in this case when the daughter was serving in the firm of the appellant -assessee. 4. We have, with the assistance of Mr.Chatterjee, perused the concurrent findings and conclusions. We are not in agreement with him that this appeal raises substantial question of law. Each of the Authorities found that this matter was distinct from Sakal Papers (P.)Ltd. (su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... must be seen in the peculiar facts and background. There, it was a closely-held company with two shareholders (Husband and wife), both directors. They are publishing a leading Marathi newspaper. Their daughter who was Master of Arts with English and French as special subjects, worked in the editorial department of the paper from September,1955, started as an apprentice. In pursuance of a resolution of the directors dated 24.3.1960, the daughter was sent to U.S.A. in September,1960, for specialised education in journalism and business administration, which the directors believed would be good for progress of the paper. She attended several top ranking schools of Journalism abroad and had returned and joined the editorial department and was w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not deserve to be accepted and which is based on the judgment of the Tribunal in the case of J.B. Advani Co. Ltd. v. Jt. CIT [2005] 1 SOT 830 (Mum.). 7. The submission is that when the Tribunal's own judgment bound the Tribunal, it could not have discarded that. In that also daughter of one of the directors of assessee company, who worked as an employee of the company, was sent abroad. Not only that she was to return to India and to work for the assessee company in compliance with the agreement, but she was, in fact, made a director of the assessee company. In such circumstances, what has been indicated as a reason for disallowing the deduction is that the management studies are not relevant for carrying on a business. Furthermor ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
