TMI Blog1986 (1) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961, the Tribunal has stated the case and referred for the decision of this court the following question of law, viz. : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in setting aside the order of the Appellate Assistant Commissioner regarding the item of Rs. 35,224? " The relevant assessment year is 1972-73. The assessee is a firm carrying on bus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income of the assessee determined by the Income-tax Officer was Rs. 2,18,000 out of the total receipts of Rs. 29,27,950. In the assessee's appeal to the Appellate Assistant Commissioner, deletion of Rs. 25,000 under the head of demurrage was made in addition to accepting the assessee's claim of loss of Rs. 35,224 as loss resulting from plying of the assessee's own trucks. The Department then p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee's trucks claimed at Rs. 35,224. It is urged that the Appellate Assistant Commissioner's finding on this question, being based on cogent reasons, could not be reversed on the only ground stated by the Tribunal. We are unable to accept this contention. The Tribunal has given detailed reasons in paras. 9 to 12 of its order (annexure C) dated December 12, 1974. It has been mentioned that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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