TMI Blog2023 (2) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... ication of the record. The direction issued while remitting the matter to the Assessing Officer is correct, and no ground against such consideration could successfully be laid or established. Application of Rule 3C of the KTL Rules - HELD THAT:- Similar point is considered in O.P.(Tax) No.6/2019 tagged with these two years. While expressing agreement with the finding recorded on the independent standing of Rule 3C after the amendment to Section 4(2)(b), the revision filed by the Department was dismissed. The same analogy applies to the finding recorded by the Tribunal in this behalf. Therefore, the said ground is not tenable, warranting interference. Petition dismissed. - OP (TAX) NO. 3 OF 2020 & 4 OF 2020 - - - Dated:- 4-1-2023 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtment raises two issues: the miscellaneous income received from the luxury provided in the banquet hall and the application of Rule 3C of the KTL Rules. Before we take up the objection pointed out by the Department, to shorten the narrative, we excerpt the consideration of both aspects by the Tribunal through the order under challenge. 17) The appellant again contended that the 1st appellate authority erred in confirming the assessment of receipts amounting to Rs.76,52,079/- @ 15% because the addition of Rs.9,94,300 and Rs.17,700/- amounts to duplication and the actual receipt of banquet Rs.66,40,029.61. The alleged turnover addition of Rs.76,22,079/- is the sum of Rs.66,40,029.61, Rs.9,94,300 and Rs.17,700/- which was mistakenly taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough fictional bifurcation of banquet hall income applying Rule 3C which has already been inoperative with effect from 01-07-2006. Order accordingly. 3.1 From the above, it is clear that the Tribunal has accepted the income from the luxury provided by the Dealer after verifying the financial statement and the banquet hall income ledger relied on by the Dealer. The Tribunal, thereafter, directed the Assessing Authority to ascertain the quantum of miscellaneous income received from the banquet hall. The finding of the Tribunal is more a remand to the Assessing Officer for assessment upon verification of the record. The direction issued while remitting the matter to the Assessing Officer is correct, and no ground against such considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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