9911796707
TMI Blog1977 (2) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... ger H.U.F.'s and the amount from bigger HUF's was lying in their credit in the books of the firm. They had also their separate individual funds which was loaned to the firm in the name of Anand Behari Lal Estate. The partners, apart from the interest on capital, were paid interest on the amount of their bigger H.U.F.'s as well as amount loaned from their individual fund. The details of interest paid on bigger H.U.F.'s and in the name of Anand Behari Lal Estate were as under:- Rs. (1) Shri vinod Behari Lal Khandelwal (Bigger H.U.F.) 902 (2) Shri Kishan Behari Lal Khandelwal (Bigger H.U.F.) 5,027 (3) Shri Bishan Behari Lal Khandelwal (Bigger H.U.F.) 1,242 (4) Shri Anand Behari Lal Estate 'Individual" 4,870 12,041 The ITO asked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 35 pages. The assessee, relying in the paper book, urged that the interest added by the ITO was deleted by the AAC in the preceding year and the ITO himself did not add the interest during the asst. yr. 1975-76. The assessee relied on the order of the Tribunal in ITA No. 1523(A) of 71-72 and 988 (Alld) of 1972-73. 4. The Revenue urged that the assessee claimed the smaller and bigger HUFs on the basis of the order of the ITO under s. 25(A)/171 of the IT Act. The partition of the assessee is uncommon and, therefore, that fact should not be taken into consideration. The Revenue, relying in 106 ITR page 283 and 429 urged that the order of the ITO should be maintained. 5. The facts are not in dispute. The assessee's bigger HUF's was part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... examination of detailed sheet., it is found that all the expenses claimed by the assessee are not disallowable and, therefore, after having in mind the nature of expenses incurred by the assessee the disallowance is restricted to Rs. 500 only. 8. The last objection of the assessee is about the disallowance of car expenses and depreciation. The assessee claimed only 3/4th of the expenses incurred on car on the ground that it was used by the partners. however, the ITO disallowed 50 per cent of the total claim of the assessee including 1/4th which was restricted by the AAC to 1/3rd. The assessee urged that it itself added 1/4th for personal use and, therefore, the further disallowance was not justified. Accordingly, the assessee urged that i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
