1994 (1) TMI 59

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he following questions are referred to this court for our decision : " (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the Appellate Assistant Commissioner was justified in allowing a further sum of Rs. 51,700 as a deduction being the theatre rent for 'Ad-Shorts' falling beyond the accounting period ? (2) Whether, on the facts ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... theatre owners agreed to screen all advertisement films and slides sent by the assessee. In accordance with this arrangement, the assessee had to pay a sum of Rs. 17,16,055 for the assessment year 1971-72. However, in the assessee's books, actual payment to the extent of Rs. 5,75,194 was debited and claimed. The assessee wrote to the Income-tax Officer on February 14, 1974, asking for the entire ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... 1, but for a different assessment year, namely, 1972-73. The Tribunal, on this question, has found on facts as follows : "Having considered the matter, we are of the opinion that the order of the Appellate Assistant Commissioner has to stand. He has taken one agreement which is said to be a standard one for the purposes of arriving at his conclusion. He has allowed whatever payments which ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aken by the Tribunal requires reconsideration and the view taken by the Assessing Officer alone is right. We find that this question has been answered by the Allahabad High Court in Hindustan Commercial Bank Ltd., In re [1952] 21 ITR 353, as follows : "Coming now to the three questions mentioned above, we may take up the first question that arose in the assessee's application for reference, tha....