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2008 (11) TMI 354 - HC - Income TaxFilm production-Deduction under Rule 9A- The assessee produced a Bhojpuri feature film at a cost of Rs. 11,50,000/-. The assessee had not maintained the books of account in the year the film was released as he had received only a sum of Rs. 10,000 against the total production cost of Rs. 11,50,000. The assessee claimed deduction in respect of expenditure on production of the feature film in accordance with Rule 9A. The Assessing officer disallowed the claim as the assessee had not maintained the books of account. On appeal the assessee contended that the bank account constituted the books of account and the Commissioner (Appeals) accepted the contention and allowed the deduction. The Tribunal, however, upheld the view of the Assessing officer. On appeal by the assessee, held that-dismissing the appeal, that the pass book was not books of account maintaining by the film producer and the number of credits made in the passbook would be of no consequences. To claim deduction under Rule 9A(5), the film producer had to maintain books of account. The pass book maintained by the bank could not be stated as the books of account maintained by the assessee.
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