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2019 (6) TMI 305 - RAJASTHAN HIGH COURTAdmissibility of the deduction expenditure towards contribution to the State Renewal Fund - HELD THAT:- Issue stands covered by the judgment of this Court in the case of Principal Commissioner of Income Tax Vs. M/s. Rajasthan State Seed Corporation Ltd. [2016 (9) TMI 59 - RAJASTHAN HIGH COURT] Claim towards mines closure plan - claim denied on the ground that the assessee had not provisioned it in the books of accounts and it was not an ascertained liability - HELD THAT:- The issue stands covered by the judgment in assessee’s case Principal Commissioner of Income Tax-II Vs. Rajasthan State Mines & Minerals Ltd [2017 (10) TMI 1458 - RAJASTHAN HIGH COURT] against the revenue. Permissibility of relief on account of the same transactions and whether that was capital in nature - HELD THAT:- Here to this Court decided in favour of the assessee by the judgment in Rajasthan State Mines & Minerral Ltd. Vs. Assistant Commissioner of Income Tax [2017 (12) TMI 1698 - RAJASTHAN HIGH COURT] Depreciation or amortization of mining land and lease hold land, the assessee had not claimed in its return - This was the ground of rejection, the CIT (A) confirmed the AO’s order - as urged on the strength of the authority of Supreme Court in Goetze (India) Ltd. Vs. Commissioner of Income Tax - [2006 (3) TMI 75 - SUPREME COURT] that in the absence of even a revised return, such claims are impermissible - HELD THAT:- The Revenue does not contend substantively on this aspect. This court ruled in favour of the same assessee in Rajasthan State Mines & Minerals Ltd. Vs. Assistant Commissioner of Income tax [2017 (12) TMI 1698 - RAJASTHAN HIGH COURT] the rights which are given to the assessee are of commercial rights which are akin to license for mining. 13.2. In that view of the matter, the contention of the assessee regarding depreciation u/s 32(ii) is required to be accepted, therefore, the second issue is answered in favour of the assessee and against the department.
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