9911796707
TMI Blog2007 (5) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... TR 93/1994 - - - Dated:- 2-5-2007 - SUSHIL HARKAULI and AJAI KUMAR SINGH JJ. JUDGMENT 1. We have heard the learned counsel for both sides. 2. The following question has been referred in this case : "1.Whether on the facts and circumstances of the case the Tribunal is correct in law in holding that the expenditure on hiring of cars does not come within the purview of section 37 (3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the excess above Rupees one hundred thousand would be allowed to be deducted by the assessee from the profits and gains of business or profession. 5. Under Explanation (c) expenditure of running and maintenance of Motor Cars would include expenditure incurred on hire charges for engaging cars plied for hire. 6. The assessee in the present case is a news-paper publisher. They sought d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has chosen to hire not goods vehicles but passenger vehicles for alleged transportation or distribution of goods or newspapers, the expenditure would fall within the bar of section 37 (3B). 11. We are unable to accept a baseless suggestion from the side of the assessee made for the first time in this Reference that the vehicles were not passenger vehicles but goods vehicles, because the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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