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TMI Blog1978 (1) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... which are disposed of as under. 2. The first ground relates to the disallowance of a sum of Rs. 6,000 under the head interest account. The ITO disallowed interest of Rs. 6,000 as he found that the assessee had paid interest on borrowed capital and there was debit balance in the account of Ladulal Ajit Kumar Bukliwal, HUF, clearly associated with the partners of the firm. The AAC upheld the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , but has not earned. 4. The Revenue, however, supported the lower authorities. On a careful consideration of the facts before us we find that the assessee is entitled to succeed on this point as the ITO has not given a finding what was the money which was borrowed and diverted towards the debit balances standing in the name of the joint family. There is no finding given by him that there was any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and the amount of Rs. 6,000 is deleted form the total income. 5. The next ground relates to the disallowance of Rs. 3,000 under the head, "Gola Rent". This year the assessee had paid, as in the earlier years Rs. 9,000 as rent to the joint family Ladulal Ajit Kumar Bakliwal. The ITO disallowed part of the rent on the ground that the coparceners of the joint family were also partners in the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts as compared to the earlier years and it has been accepted after due verification in the earlier years that the rent has been paid for business consideration. To disturb this finding there should be some facts or evidence to justify the disallowance. There is no such enquiry or fresh facts brought on record. The addition is, therefore, deleted. 7. The assessee has not pressed the other g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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