1986 (2) TMI 95

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....596 and Rs. 93,161 respectively as municipal tax levied. The ITO however, allowed Rs. 3,891 Rs. 3,244 and Rs. 6,111 and disallowed the balance on the ground that the said amounts did not relate to the assessment years under consideration or were not levied therein. On appeal, the CIT(A) upheld the orders of the ITO on the ground that the amounts were not levied in the assessment years under consideration. 3. It was argued before us by the authorised representative for the assessee that the municipal taxes were increased by the Corporation and were contested by the assessee but were subsequently finalised and such municipal taxes as finally settled for the assessment years under consideration were stated in p. 1 of the paper book. It was ....

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....The ITO found that the assessee had raised dispute as to the enhanced taxes levied by the Corporation and that such taxes had not been paid by the assessee who only debited its P & L A/c by Rs. 1,05,764. On the basis of the quantum of municipal tax, the ITO allowed only a sum of Rs. 86,686. He held that the balance, that is the difference between Rs. 1,05,764 and Rs. 86,686 represented the arrear of taxes paid. On appeal, the AAC upheld the order of the ITO on the ground that out of the sum of Rs. 1,05,764 debited in the accounts of the assessee only an amount of Rs. 86,686 related to the year under appeal. Being aggrieved the assessee preferred a further appeal to the Tribunal. On the basis of a chart filed by the assessee in this appeal s....

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....year or years in which the said amounts were levied by the Municipal Corporation. But it is not entitled to the deductions claimed if the amounts were not levied in the respective assessment years under consideration. The ITO does not seem to have examined this aspect of the matter. So in setting aside the orders of the authorities below we remand the matter to the ITO and direct him to examine if the amounts were levied in these assessment years and only in such event to allow the same. Another ground in the asst. yr. 1968-69 relates to disallowance of Rs. 3,43,000 by the authorities below. It was disallowed by the ITO with the following observation "Provision for loss on Foreign Exchange Contract. No details have been filed to prove th....