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1984 (8) TMI 96

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..... ion under s. 16(i) of the IT Act, 1961 to Rs. 1,000 only and disallowing Rs. 360 paid as medical allowance. It is opposed by the Department. 2. The assessee is paid an amount of Rs. 225 per month as local outdoor duty allowance as reimbursement of expenditure incurred exclusively on the official local outdoor journeys performed by him every month. He was also paid an amount of Rs. 360 annually a .....

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..... fore us the ground relating to the disallowance of the medical allowance was not pressed on behalf of the assessee. Reliance was placed on behalf of the assessee on a Notification of the CBDT dt. 27th Jan., 1978 in support of his claim filed. A dispute was raised by the departmental representative that the local outdoor duty allowance paid to the assessee was in the nature of conveyance allowance .....

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..... ase should be gone into to determine whether it is actually a reimbursement of expenses so as to assure a higher tax benefit. If it is merely a reimbursement of actual expenses incurred in the performance of his duties, the standard deduction would not be restricted to Rs. 1,000 for this reason and the employee will be entitled to the deduction as prescribed in s. 16(i) of the IT Act, 1961." The .....

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..... allowance but in reimbursement of the expenses incurred by the assessee. The AAC has also held that the expenditure were actually incurred. He has made categorical observation that the assessee had also produced evidence to show that the expenses were actually incurred, that is why he deleted the addition of Rs. 700 made out of Rs. 2,700 received by the assessee as the local outdoor duty allowanc .....

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