1995 (3) TMI 189 - AT - Income Tax

Summary

Issues:
1. Disallowance of contribution to education fund
2. Disallowance of Molasses Storage Fund
3. Disallowance of guest house expenses
4. Disallowance of sugarcane purchase tax
5. Disallowance of preliminary expenses
6. Disallowance of subscription paid to Deccan Sugar Institute
7. Disallowance of Ganesh Nidhi
8. Disallowance of area development fund
9. Disallowance of tear and wear written off as preliminary expenses

Analysis:
1. The first issue pertains to the disallowance of contribution to the education fund. The Tribunal noted that the issue was previously decided against the assessee in another case. Consequently, this ground of appeal failed.

2. The second issue concerns the disallowance of the Molasses Storage Fund. The Tribunal referred to a decision by the Bombay High Court, which favored the assessee. As a result, this ground of appeal was allowed.

3. The third issue involved the disallowance of guest house expenses, which the counsel did not press. Therefore, this ground stood rejected.

4. The fourth issue addressed the disallowance of sugarcane purchase tax. The Tribunal considered a government notification converting the tax into an interest-free loan, leading to the conclusion that the tax liability was deemed paid. Consequently, this ground of appeal succeeded.

5. The fifth issue related to the disallowance of preliminary expenses, which the counsel did not press. Hence, this ground was rejected.

6. The sixth issue concerned the disallowance of subscription paid to the Deccan Sugar Institute. The Tribunal referred to a previous case where a similar issue was decided in favor of the assessee, leading to the success of this ground of appeal.

7. The seventh issue involved the disallowance of Ganesh Nidhi. The Tribunal referred to a previous case where a similar issue was decided in favor of the assessee, resulting in the allowance of this ground of appeal.

8. The eighth issue pertained to the disallowance of the area development fund. The Tribunal found that the issue was covered in favor of the assessee by a decision of the Special Bench, leading to the success of this ground of appeal.

9. The ninth issue focused on the disallowance of tear and wear written off as preliminary expenses. The Tribunal rejected the attempt to alter the nature of the ground of appeal and denied any relief on this issue.

In conclusion, the appeals were partly successful, with various grounds being allowed or rejected based on the specific legal arguments and precedents cited in each case.