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. |