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TMI Blog1980 (12) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... he case and in law, the CIT(A) was right in allowing the unamortised expenditure totalling Rs. 4,03,547 in respect of the films 'Bawarchi', 'Jai Jawan Jai Makkan' and 'Shehzada' respectively when the assessee had not exercised the option under 9B, which the said Rule requires?" It may be clarified that we are not concerned with the above mentioned amounts but only the principle of the matter. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dt. 31st May, 1979, r. 9B had been framed earlier on 30th Dec., 1976. 5. The provisions of r. 9B(7)(a)(ii) are as below: "(7) Nothing contained in sub-r. (1) too sub-r. (6) shall apply (a) in relation to any asst. yr. commencing on the 1st day of April, 1973, the 1st day of April, 1974, the 1st day of April, 1975, or the 1st day of April, 1976, unless- (ii) in a case where the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions. 6. The case of the Department is that the assessee had not exercised the relevant option. On the other hand, Shri. R.C. Desai urged that there was substantial compliance with the requirement that the assessee should file such an option by virtue of the grounds of appeal filed by the assessee before the CIT (A) and the stand taken by it. He relied upon the observations at page 85 of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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