9911796707
TMI Blog2008 (7) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... we have no other option that to answer the question in favour of the Revenue and remand the matter to the Assessing Officer to reconsider the issue by giving opportunity for the assessee. Appeal is allowed. The order passed by all the authorities are set aside in regard to the disallowance of expenditure claimed by the assessee in a sum of ₹ 8,67,600 on account of the paper purchased by it from Shri Krishna Paper Concern, Calcutta, and the matter is remanded to the Assessing Officer for fresh consideration. - ITA NO. 150 OF 2004 - - - Dated:- 21-7-2008 - K. L. MANJUNATH AND MRS. B.V. NAGARATHNA, JJ. For the Appellant: M. V. Seshachala For the Respondent: Smt. S. R. Anuradha JUDGEMENT K. L. Manjunath J.-This appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal, Bangalore. For the previous assessment year, the Tribunal considering the expenditure incurred by the assessee for the purchase of map litho paper by the same Shri Krishna Paper Concern was allowed based on the various documents produced by the assessee. While dealing with the assessment year 1994-95 without assigning any reason in paragraph 15 of its order has stated that in view of the deletion of disallowance for the assessment year 1993-94 as per their order in the previous paragraph, the deletion was allowed for the assessment year 1994-95. This order is called in question in this appeal raising the following substantial question of law : " (1) Whether the Tribunal was correct in holding that the purchases made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... produced by the assessee has granted relief to the assessee. However, while considering the expenditure for the assessment year 1994-95 for the purchase of paper from Shri Krishna Paper Concern, Calcutta, without any discussion in regard to the documents produced by the assessee for the purchase of papers for a sum of Rs. 8,67,600, has allowed the appeal of the assessee only on the ground that for the reasons stated in its order in paragraph 12.5 for the assessment year 1993-94, it has granted relief to the assessee. By reading paragraph 15 of its order, we are of the opinion that the Tribunal has committed a grave error in allowing the appeal of the assessee. If the Tribunal, while considering the appeal of the assessee for the year 1933- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wer the question in favour of the Revenue and remand the matter to the Assessing Officer to reconsider the issue by giving opportunity for the assessee. In the result, the appeal is allowed. The order passed by all the authorities are set aside in regard to the disallowance of expenditure claimed by the assessee in a sum of Rs. 8,67,600 on account of the paper purchased by it from Shri Krishna Paper Concern, Calcutta, and the matter is remanded to the Assessing Officer for fresh consideration. The assessee is entitled to produce the documents, if any, in possession of it in proof of the same. If such documents are produced, the Assessing Officer shall consider the same on the merits and in accordance with law. - - TaxTMI - TMITax - In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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