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2008 (7) TMI 848 - KARNATAKA HIGH COURTWhether the Tribunal was justified in granting relief allowing the expenditure of ₹ 8,67,600 based on the reasonings assigned by it while considering the similar expenditure for the previous assessment year 1993-94 ? Held that:- Even if the assessee has produced any document to show that it has purchased the papers worth ₹ 8,67,600 for the assessment year 1994-95, it is for the Assessing Officer to reconsider the case of the assessee. Since such an opportunity was not given for the Assessing Officer to consider these document, since the assessee did not produce these documents for the reasons best known to it, we have no other option that to answer the question in favour of the Revenue and remand the matter to the Assessing Officer to reconsider the issue by giving opportunity for the assessee. Appeal is allowed. The order passed by all the authorities are set aside in regard to the disallowance of expenditure claimed by the assessee in a sum of ₹ 8,67,600 on account of the paper purchased by it from Shri Krishna Paper Concern, Calcutta, and the matter is remanded to the Assessing Officer for fresh consideration.
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