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2011 (7) TMI 74 - HC - Income TaxAddition - Exice duty - Since, the assessee accepted the fact that the amount received from the customers towards excise duty was a trading receipt - If this position is accepted then the fact that the matter was pending before the Supreme Court and a stay was operating against the decision of the Allahabad High Court attained significance - Hence, both counsels were unable to inform as regards the outcome of the proceedings in the Supreme Court - Thus, the facts available on record, the order of the Tribunal cannot be sustained - Decided against of assessee. Enhancement in the rateable value - there is no discussion in the order of the Tribunal by reference to provisions of the relevant municipal law to indicate as to whether a mere proposal for enhancement of property tax would result in crystallization of liability qua that portion of rateable value which was sought to be enhanced - There can be no dispute that liability does not cease to exist merely because the quantification of the liability is deferred - From the facts ascertainable from the records, it appears there is a dispute with regard to the quantification as reflected in the proposal for enhancement - Evidently at the stage, at which the proceedings were pivoted in the assessment year in issue, there was no demand raised by the municipal corporation - Decided against of assessee. Expenses incurred on tours for the purpose of project and for expansion of existing business - Held that:- this question is covered by the decision of the Delhi High Court in the case of Delhi Cloth & General Mills Co. Ltd. vs CIT [1985 -TMI - 26886 - DELHI High Court]- This position has not been disputed by the learned counsel for the revenue - Decided against of assessee.
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