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From the above details, it is clear that the assessee's turnover is continuously
going down. The closing stock is also decreasing in the year 2006-07 and there
is minor increase in the year 2007-08 and 2008-09. The financial results of the
business activities undertaken by the assessee are very poor. The assessee has
credited rental income in the profit and loss account, therefore, it is resulting
into profit in the F.Y. 2008-09. From the examination of balance sheet,
incorporated in the assessment order and the appellate order, we find that the
assessee has taken loan from Punjab National Bank, which are continuously
decreasing. This shows that the assessee is making payment to the bank. The
balance sheet further shows that the capital account of the partners is showing
continuous debit balances. It seems that the partners have drawn excess
money from the firm which is resulting into debit of the partner's capital
account. In view of these facts the findings of the ld. Assessing Authority noted
above cannot be straightway side tracked. A perusal of the impugned order
reveals that the ld. CIT(A) has deleted the addition only on the ground that
such expenses were allowed in the preceding assessment years 2002-03 to
2006-07 on the identical facts. The record nowhere reveals whether the loan
taken by the assessee was a term loan for construction/renovation etc. of
building, or it was working capital loan taken for the purpose of business. No
documentary evidences of the bank are available before us to ascertain this
fact. Secondly, the ld. CIT(A) has failed to consider the new fact emerged only
in the year under consideration, inasmuch as three floors of the building are
let out by the assessee and remaining two floors were used for business
purposes. Therefore, in case, it was a term loan taken for
construction/renovation of building, then the expenses incurred by the
assessee on such loan, shall be apportioned in the ratio of 60:40 as done in the
case of other expenses dealt by the ld. CIT(A) itself. If it was a working capital
loan, then it has to be thrashed out as to under what circumstances and for
what purpose, the capital accounts of the partners were showing continuous
debit balances. All these facts need verification at the stage of Assessing Officer
before finally deciding the issue. We, therefore, think it appropriate to remand
the issue to the file of Assessing Officer to decide the same afresh after making
thorough enquiry in the light of observations made above and by way of
speaking order. Needless to say, the assessee shall be given reasonable
opportunity of being heard. Accordingly, grounds Nos. 6 & 7 of the Revenue's
appeal are allowed for statistical purposes.