Shri Mohanlal Inani, AJMER v. ITO, BHILWARA

ITA 274/JODH/2004 | 1999-2000
Pronouncement Date: 30-11-2011 | Result: Partly Allowed

Appeal Details

RSA Number 27423314 RSA 2004
Bench Jodhpur
Appeal Number ITA 274/JODH/2004
Duration Of Justice 7 year(s) 6 month(s) 24 day(s)
Appellant Shri Mohanlal Inani, AJMER
Respondent ITO, BHILWARA
Appeal Type Income Tax Appeal
Pronouncement Date 30-11-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted SMC
Tribunal Order Date 30-11-2011
Date Of Final Hearing 29-11-2011
Next Hearing Date 29-11-2011
Assessment Year 1999-2000
Appeal Filed On 06-05-2004
Judgment Text
1 ITA 274-04 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH SMC JODHPUR. ( BEFORE SHRI R.K. GUPTA JUDICIAL MEMBER ) ITA NO. 274/JODH/2004 ASSTT. YEAR : 1999-2000. SHRI MOHAN LAL INANI VS. THE INCOME-TAX OFFICE R C/O SHRI R.N. AGARWAL ADVOCATES WARD 2 SHARDA BUILDING NAYA BAZAR AJMER. BHILWARA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MAHENDRA GARGIEYA RESPONDENT BY : SHRI G.R. KOKANI ORDER DATED : 30.11.2011. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 1999-2000. 2. GROUND NOS. 2 3 & 4 WERE NOT PRESSED THEREFORE THE SAME ARE DISMISSED AS NOT PRESSED. 3. GROUND NO. 1 IS AGAINST CONFIRMING THE DISALLOWA NCE OF RS. 53 350/- ON ACCOUNT OF REIMBURSEMENT OF EXPENSES BY LIC CLAIMED BY ASSE SSEE AS EXEMPT UNDER SECTION 10(14) OF THE IT ACT. 4. THE ASSESSEE FILED RETURN REDUCING THE EXPENSES OF RS. 53 350/- BY CLAIMING IT AS EXEMPT UNDER SECTION 10(14). THE ASSESSING OFFICER DISALLOWED THE CLAIM OF THE ASSESSEE. THE LD. CIT (A) CONFIRMED THE ACTION OF THE ASSESSING OFFICER. 2 5. AFTER CONSIDERING THE SUBMISSIONS I FIND THAT T HIS ISSUE IS SQUARELY COVERED BY THE DECISION OF HONBLE KERALA HIGH COURT IN CASE OF N. SHAJILAL 320 ITR 489 (KER.) AND HONBLE JURISDICTIONAL HIGH COURT IN CASE OF P.N. V ERMA 292 ITR 259 (RAJ.). IN THIS CASE THE HONBLE HIGH COURT HAS HELD THAT ADDITIONA L CONVEYANCE ALLOWANCE GRANTED BY THE LIC TO DEVELOPMENT OFFICER BY WAY OF REIMBURSEM ENT FOR TRAVELING TO PROMOTE THE BUSINESS OF LIC IS EXEMPT UNDER SECTION 10(14). TH E FACTS ARE IDENTICAL IN THE CASE IN HAND THEREFORE FOLLOWING THE ORDER OF HONBLE HIG H COURT I ALLOW THE ISSUE IN FAVOUR OF THE ASSESSEE BY DELETING THE IMPUGNED ADDITION MADE AND CONFIRMED BY THE ASSESSING OFFICER AND LD. CIT (A) RESPECTIVELY. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED IN PART. 7. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30. 11.2011. SD/- ( R.K. GUPTA ) JUDICIAL MEMBER JODHPUR COPY FORWARDED TO :- SHRI MOHAN LAL INANI. THE ITO WARD-2 BHILWARA. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 274/JODH/2004) BY ORDER AR ITAT JODHPUR.