1980 (12) TMI 75

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....e for 1973-74 is as below: "Whether, on the facts and in the circumstances of the case and in law, the CIT(A) was right in allowing the unamortised expenditure totalling Rs. 4,03,547 in respect of the films 'Bawarchi', 'Jai Jawan Jai Makkan' and 'Shehzada' respectively when the assessee had not exercised the option under 9B, which the said Rule requires?" It may be clarified that we are not ....

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....n of the films may be allowed in conformity with the provisions of r. 9B by his order dt. 31st May, 1979, r. 9B had been framed earlier on 30th Dec., 1976. 5. The provisions of r. 9B(7)(a)(ii) are as below: "(7) Nothing contained in sub-r. (1) too sub-r. (6) shall apply (a) in relation to any asst. yr. commencing on the 1st day of April, 1973, the 1st day of April, 1974, the 1st day of Ap....

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....ion of the feature film may be allowed in accordance with the said relevant provisions. 6. The case of the Department is that the assessee had not exercised the relevant option.  On the other hand, Shri. R.C. Desai urged that there was substantial compliance with the requirement that the assessee should file such an option by virtue of the grounds of appeal filed by the assessee before the....