9911796707
TMI Blog1987 (7) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... the AAC in respect of assessee of the same group relating to the asst. yr. 1981-82 have been consolidated for the sake of convenience are being disposed of by a common order. 2. Common grounds of appeals by the Revenue read as under: "1. On the facts and in the circumstances of the case, the learned AAC of Income-tax has erred in directing the WTO to allow deduction under s. 5(1)(iv) for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eing 1/7th share in the godown was being assessed, the WTO should have allowed deduction under s. 5(1)(iv) of the Act. He, therefore, directed the WTO to allow deduction accordingly in the cases of all the assessees. The Revenue is aggrieved against the orders of the AAC and is in appeal before the Tribunal. 4. The learned Departmental Representative has contended that the claim for deduction un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the rival submissions. It is true that claim for deduction under s. 5(1)(iv) against the above property or any other property was not made by five assessees but the allowance of the claim by the AAC though made before him for the first time, did not involve any investigation of fresh facts being brought on record. The value of the godown was duly assessed by the WTO against which no de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had claimed deduction under s. 5(1)(iv) in respect of Solan house property to the extent of Rs. 50,000. This was allowed by the WTO. The AAC was, therefore, not justified in allowing further claim against godown. The order of the AAC in his case is, therefore, reversed and that of the WTO restored. 7. We shall now take up the cross objections by the assessees. We have already reproduced the cro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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