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2003 (1) TMI 53 - HC - Income Tax"Whether, on the facts and circumstances of the case and in law, the Tribunal was justified in discussing the Department's appeal against the order Of the Commissioner of Income-tax (Appeals), deleting the addition made under section 143(1)(a) of the Income-tax Act as it then stood, relying on the ratio of the judgment in the case of Khatau Junkar Ltd. v. K.S. Pathania, without appreciating the Board Circular No. 689, dated August 24, 1994, which permits prima facie disallowance on the basis of the information available in the return, accounts and documents annexed to it?" - Whether an expenditure was on revenue account or capital account is required to be examined in the light of the totality of all facts for this purpose - That, by merely looking at the balance-sheet and profit and loss account, one cannot infer the nature of the expenditure. - the above question is answered in the affirmative, i.e., in favour of the assessee and against the Department.
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