TMI Blog1980 (4) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... follows : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that there was no justification in the disallowance of interest payment of Rs. 12,240 ? " The assessment relates to the assessment year 1967-68. The assessee is M/s. Premier Auto Finance P. Ltd. and carries on the business of financing. During the relevant previous year it claimed interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground. From a letter dated March 29, 1968, written by the assessee to the ITO the AAC inferred that there was an agreement between the assessee and the Delhi Auto that the latter should pay interest. He, therefore, held that interest had accrued to the assessee but not shown in the return. This was the ground on which he confirmed the addition by way of disallowance. On further appeal, the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disallowance of Rs. 12,240 was not justified. The Tribunal has found that the transactions between the assessee and the Delhi Auto were purely business transactions. The Delhi Auto was dealer in trucks which had an arrangement with a Trivandrum concern in respect of Tata Mercedes Trucks or vehicles. The assessee was interested in obtaining the vehicles obtained by Delhi Auto from the Trivandrum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , has ignored this finding of the AAC. His grievance was that the Appellate Tribunal had not considered the ground of disallowance mentioned by the AAC. In our opinion this criticism is not correct. The Tribunal has pointed out that the letter written by the assessee had been misinterpreted as implying the accrual of interest and that a finding had been arrived at by the AAC wrongly that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
