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TMI Blog1981 (1) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... expenses were incurred to set up a plant for manufacture of laminating bags and the assessee obtained a project feasibility report for the said plant for which Rs. 15,000 had been incurred. Another amount of Rs. 12,000 was incurred to give commission to First National City Bank, for issuing cash credit in favour of import of machinery from Italy. There were other expenses of Rs. 1500. The ITO did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al expenditure. The CIT (A) held that where new business was going to be established it was to be treated as capital expenditure and relied on the decision of the Allahabad High Court in the case of Modi Industries Ltd. (1977) 110 ITR 855 (All). The CIT (A) further held that the obtaining of the feasibility report and the assessee's importing of substantial machinery also established that this was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpletely new activity. The ld. counsel has, however, expressed his inability to produce the above report. The details regarding the guarantee commission agreement have also not been filed. From the facts on record it appears that the assessee was going to establish a new line of manufacturing activity and he has not been able to establish that it was a part of the same activity which was already i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITO. However, the assessee had claimed further amount of Rs. 36,400 in respect of which there was an agreement between the assessee and his employees on 25th Feb., 1975 which was after the close of the accounting period. The CIT (A), therefore, held that this claim could not be allowed in this year. 7. We have heard the learned counsel for the assessee and we are of the view that CIT (A) was ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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