NILESH INDUSTRIES v. INCOME TAX OFFICER
[Citation -1986-LL-0104]

Citation 1986-LL-0104
Appellant Name NILESH INDUSTRIES
Respondent Name INCOME TAX OFFICER
Court ITAT
Relevant Act Income-tax
Date of Order 04/01/1986
Judgment View Judgment
Keyword Tags investment allowance • reserve account
Bot Summary: The disallowance has been made by the ITO on the ground that no investment reserve as required under s. 32A(4) has been created by the assessee. The ITO has recorded as follows: Investment allowance reserve account was drawn on a plane piece of p a p e r which was attached to the books of accounts. At the time of hearing before us the assessee s Advocate filed a copy of the account and we have found therein that plane piece of paper to which the ITO has referred is attached at the end of the book because paper had been exhausted. In the Vatav Account No. Part-2, we have found that the partner s account have been debited in respect of investment reserve. Departmental Representative submitted htat section requires that t h e assessee should have debited the PL A/c and that being the position according to section the assessee was not entitled to the investment allowance. We are of the view that the assessee has fulfilled the conditions because if the P L A/c had been debited, the result would have been that the amount would have gone out of he partners accounts. Therefore we hold that the assessee has fulfilled the condition is under s. 32A(4) and so it is entitled to the investment allowance.


K. R. DIXIT, J.M.: first ground of appeal in this case is that CIT(A) has erred in confirming disallowance of Investment Allowance amounting to Rs. 58,857. disallowance has been made by ITO on ground that no investment reserve as required under s. 32A(4) has been created by assessee. ITO has recorded as follows: "Investment allowance reserve account was drawn on plane piece of p p e r which was attached to books of accounts. Instead of debiting investment allowance reserve to P & L A/c, assessee has created Vatav Account Part-2 which was also not deducted from net profit as per book." At time of hearing before us assessee s Advocate filed copy of account and we have found therein that plane piece of paper to which ITO has referred is attached at end of book because paper had been exhausted. In Vatav Account No. Part-2, we have found that partner s account have been debited in respect of investment reserve. ld. Departmental Representative submitted htat section requires that t h e assessee should have debited P&L A/c and that being position according to section assessee was not entitled to investment allowance. We are of view that assessee has fulfilled conditions because if P & L A/c had been debited, result would have been that amount would have gone out of he partners accounts. Therefore, assessee has done in one step that would have been done in two steps. purpose of section is that reserve so created should go out of profits of firm. This has been achieved by debiting partner s accounts. Therefore we hold that assessee has fulfilled condition is under s. 32A(4) and so it is entitled to investment allowance. second ground is that CIT(A) erred in retaining disallowance out of travelling expenses at Rs. 1,000 Officer expenses at Rs. 500 and Karigar tea etc. at Rs. 500. At time of hearing before us assessee s Advocate pointed out that all these expenses have been fully vouched and ld. Departmental Representative could not contest this position. We hold that disallowance retained by CIT(A) should not be retained. We cancel those disallowances. On this pint appeal is allowed. In result appeal is allowed. *** NILESH INDUSTRIES v. INCOME TAX OFFICER
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