1979 (9) TMI 123

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....chi, relating to the assessment For the asst. yr. 1976-77. 2. The first ground of the assessee relates to the disallowance of consultation fee of Rs. 6,000. The assessee claimed payment of Rs. 8,000 on technical consultation fee. The ITO held that the payment of Rs. 8,000 was made to Shri M.L. Poddar brother of the assessee, for extra commercial consideration. The ITO also held that though it i....

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....onsultation fee to Shri M.L. Poddar show that Shri M.L. Poddar had rendered services to the assessee. The ld. counsel for the assessee has submitted that the assessee is a non-technical man and in order to carry out orders received from H.E.C. Ltd. for sophisticated and technical jobs the assessee needed services of one qualified and experienced Engineer. He has also pointed out that Shri M.L. Pod....

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.... is to the effect that the AAC erred in not allowing relief under s. 80J on the borrowed capital. The AAC relied on the decision of the Andhra Pradesh High Court in CIT vs. Warner Hindustan Ltd. (1) for holding that the borrowed capital has to be excluded in computing the capital employed by the assessee under s. 80J of the said Act. The ld. deptl. representative has relied on the ruling reported ....