[ASN] IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.993 OF 2007 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Shree Krishna Silk Industries Pvt. Ltd. ..Respondent. Mr. Suresh Kumar with mr.P.S.Sahadevan for the Appellant. Mr. P.J. Pardiwala, Sr. Counsel with Mr. S.G. Lakhani for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 30th March, 2009. PC : 1. Revenue is in appeal on the following questions. a) Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal is correct in holding that the disallowance of the deductions as claimed by the assessee u/s. 80M of the Act was beyond the powers of the Assessing Officer under Chapter XIVB of the Act? b) Whether on the facts and circumstances of the case and in law, the Hon’ble Tribunal is justified in allowing the appeal of the assessee and deleting the addition of Rs.20,50,000/- made by the A.O. the same being the undisclosed income of the assessee for the block period and [ 2 ] by disallowing deductions u/s.80M? 2. This Appeal arises from the order of the Tribunal in respect of the block assessment order dated 22.8.1997. The Assessing Officer has disallowed certain deductions referable to Section-80M of the Income Tax Act. ITAT found that the cheques were dated 25.11.1995 and the covering letters found along with the cheques were dated 26.11.1995. The assessee also contended that the TDS was deducted on the said dividend amount. The learned counsel for the revenue contended that the cheques were encashed after the relevant date. This is purely a finding of fact. The question of law as framed would not arise. Even otherwise, considering that this was disclosed in the regular returns, the tribunal rightly come to a conclusion that it was not open to the Assessing officer in the course of block assessment to disallow the said amount. 3. Considering the above, in our opinion, there is no merit in the appeal which is accordingly dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)