TMI Blog1995 (2) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed by the appellant against the order passed by the Commissioner (Appeals), by which the appeal filed by the assessee was rejected holding that the order under section 154 passed by the Assessing Officer was correct. 2. The assessee filed its return for the assessment year 1988-89 admitting total income as nil and income under section 115J of Rs. 54,250. The assessment was completed und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es Act. As per the Explanation to section 115J(1A) the amount of income-tax paid or payable or the amounts set aside for meeting the liabilities other than the ascertained liabilities, etc. will have to be added. Accordingly Rs. 15,000 was added to the book profit arrived at as above. The Assessing Officer held that the contention of the assessee was not correct and held that all the disallowances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 'or' is there. Accordingly it has to be taken as disjunctive. The learned departmental representative placed reliance upon the orders of the authorities below and submitted that on a plain reading of the Explanation it is clear that all the disallowances disallowed in items (a) to (ha) have to be disallowed and the word 'or' cannot be treated as disjunctive for the purpose of this section. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er : " In ordinary usage, 'and' is conjunctive and 'or' disjunctive. But to carry out the intention of the Legislature it may be necessary to read 'and' in place of the conjunction 'or' and vice versa." Under the aforesaid circumstances we do not find any infirmity in the order passed by the Commissioner (Appeals), as the error was apparent on the face of the record. Hence the appeal is dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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