ORDER
S.R. Chauhan, J.M.
This appeal of the revenue for assessment year 1995-96 is directed against the order of Commissioner (Appeals), Jodhpur, dated 21-4-1999.
2. I have heard the arguments of both the sides and also perused the records including the assessees paper book.
3. The learned Departmental Representative of the revenue has relied on the order of assessing officer as against this the learned authorised representative has contended that the matter of deduction for interest paid to third parties involved in this appeal is converted in assessees favour by the decision of Tribunal Jodhpur, dated 26-7-2000 in the case of M/s Rikhab Dass Jain in ITA No. 849/Jp/97 (assessment year 1993-94) (reported at (2001) 72 M (Jd) 526) and has furnished the copy of the same.
4. Considering the facts and circumstances of the case as also the cited decision, I find the matter squarely covered in favour of the assessee by the decision of Tribunal, Jodhpur. In that view of the matter, I find no fault with the impugned order of learned Commissioner (Appeals) in allowing deduction on account of interest paid to third parties even after applying particular NP rate. I, therefore, decline to interfere with the same.
5. In the result, this appeal of the revenue is dismissed.
