9911796707
TMI Blog1978 (12) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground that the assessee has not taken any steps to recover the same from the debtor. For the same reasons he disallowed another claim of bad debt of Rs. 880 in the name of Karuppiah Pillai of Salyuamangalam. The ITO also charged interest of Rs. 356 under s. 139 (8) and Rs. 560 under s. 217(A). The ITO also disallowed a sum of Rs. 28 claimed as new account expenses in H.O, a sum of Rs. 373 claimed as debit under Budalur Branch, new account expenses of Rs. 28 under Budalur Branch and donation of Rs. 179 but these disallowances were not agitated in appeal before the AAC. Another disallowance of Rs. 615 relating to tea to customers was deleted by the AAC but all the other disallowances have been confirmed by him. Hence this appeal befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of advance tax determined by the ITO as payable ought to be reduced or that the return was not belated or that the penal position was not attracted at all and his objection relates merely to the question of waiver or reduction of interest, such objection does not amount to denial of liability to pay interest and, therefore, the assessee has no right of appeal, this point cannot be agitated upon. In the light of the above submission of the assessee's counsel and in view of the clear submission made by the assessee's counsel that he was not questioning the liability to pay advance tax or the liability to pay interest, we are of the view that this point cannot be agitated before us and, therefore, this ground stands rejected. 6. The l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FCI., to the assessee in reply to his letter dt. 7th Jan., 1973 and the assessee's letter dt. 14th Aug., 1972 to the Food Corporation are all necessary papers that have to be looked into. We, therefore, remit this matter back to the ITO who will re-examine the same in the light of the above materials and decide the issue afresh in accordance with law. It is pointed out that even the amount of Rs. 2,012-25, which represented amount transferred from Branch to Head Officer in relation to the transaction with the FC would also fall under the same claim i.e., under the settlement. This claim will also be examined by ITO. We, therefore, set aside the order of the AAC on this particular point and remit the matter back to the ITO for fresh disposal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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