Shri Mohanlal Inani, AJMER V. ITO, BHILWARA

ITA 274/JODH/2004

• Counselvise Citation: 27423314 RSA 2004
• Duration Of Justice: 7 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Next Hearing Date: 29-11-2011
• Assessment Year: 1999-2000
• Appeal Filed On: 06-05-2004
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: G R KOKANI
• Section: 10(14)

Judgement 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.