2000 (11) TMI 1021

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....sh Kumar Gupta, Accountant Member. - This appeal preferred by the assessee is directed against the order of the Commissioner of Income-tax (Appeals) I, Hyderabad dated 4-12-1995 and is arising out of the intimation under section 143(1)(a) dated 28-8-1995. The assessment year involved is assessment year 1995-96. 2. The assessee is a retired Chief Engineer and after his retirement, he joined a....

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....sources of income not allowable. Hence added back." Aggrieved against the said adjustment, assessee went in appeal before the CIT(A), who confirmed the action of the Assessing Officer on the ground that when the income has been shown by the assessee under the head "other sources" Assessing Officer could have done nothing but to disallow expenses claimed there against by way of prima facie adjus....

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.... 5. We have heard rival submissions and have gone through the intimation and the order passed by the ld. CIT(A). It is an admitted fact that interest and remuneration was derived by assessee from the partnership firm, which was shown under the head 'income from other sources'. In fact such income was liable to be shown as income under the head 'business' and was to be taxed as such. If an asses....

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....e income is assessable under the head 'business', expenditure incurred for the purpose of earning such income are allowable under the Act. Whether the expenses claimed by the assessee were allowable as deduction under section 37 of the Act is something which cannot be decided on the face of the return and it requires production of evidence and long drawn process of reasoning. Therefore, such disal....